News
Tesla FSD’s prolonged release doesn’t make it a ‘fraud,’ company says
Tesla Full Self-Driving’s prolonged release doesn’t make it a “fraud,” the company said in a motion to dismiss a case.
Tesla is currently involved in a class-action lawsuit from a few Autopilot and Full Self-Driving customers and has recently filed a motion to dismiss the case with the U.S. District Court in San Francisco. In that motion, a statement was made by Tesla’s attorneys that may have been taken out of context by some media reports.
Teslarati obtained a copy of the motion, and here is what we found.
After some background information on FSD, Tesla noted that each of the plaintiffs purchased a vehicle, and “all but one allegedly purchase the FSDC package.” (FSDC is an acronym for full self-driving capability.)
“Plaintiffs knew at the time of purchase that their cars were not completely autonomous. And they knew that the timeline towards more complete autonomy was contingent upon numerous factors, including software development and regulatory approval. Yet now they sue Tesla, complaining that their cars are not completely autonomous.”
The document noted that four out of five of the named plaintiffs have valid arbitration agreements with Tesla that should be enforced and cover all of their claims. The one plaintiff who opted out “advanced a consolidated complaint riddled with defects, and that should be dismissed.”
The plaintiff “sued too late–five years after he purchased his vehicle and the optional software package, well after any of his claims accrued. All of his claims are time-barred and should be dismissed. Moreover, the hundreds-of-paragraph, narrative complaint fails to support a single cognizable legal theory. The Complaint makes no mention of the parties’ written contract or Tesla’s car warranty. It instead cherry-picks numerous statements allegedly made by Tesla and attempts to manufacture claims for fraud and breach of warranty.”
Tesla’s attorneys made several statements, including that headline-worthy one regarding FSD and failure. However, the attorneys never claimed that FSD is a failure. In the document, the attorneys pointed out that the complaint “identifies no statement that Tesla made that was fraudulent.”
Additionally, it added that no there was no statement made that Tesla’s vehicles, including those equipped with the FSDC package, were fully autonomous at the time of the Plaintiff’s purchase. Tesla’s website also made it very clear that those vehicles were not.
Tesla’s attorneys noted that the plaintiff allegedly researched Tesla’s online and public statements and reviewed them before buying his vehicles. The labels of “Autopilot,” “Enhanced Autopilot,” or “Full Self-Driving Capability” didn’t mean that the vehicles were fully autonomous. Tesla’s attorneys also noted that Tesla’s user manuals plainly showed this as well.
“Nor would any reasonable consumer purchase a Tesla vehicle with the belief that it is fully autonomous based solely on these labels,” the attorneys said.
Instead, each of the plaintiffs alleged that they “decided to purchase [his or her] vehicle and the ADAS packages after researching, reviewing, and relying on Tesla’s online and other public statements.”
The plaintiff’s “assertion that Tesla promised the vehicles were already fully autonomous when they were sold rings hollow,” the attorneys stated.
“His assertion that Tesla promised to release completely autonomous capabilities ‘within a reasonable time after,’ his purchase fares no better.”
“No allegations show that Tesla promised that the FSDC package would enable full autonomy within a specified period of time. Many of the statements quoted in the Complaint did not even concern the FSDC package,” the attorneys said, adding that this makes it irrelevant to the plaintiff’s claims.
“In addition, the quoted statements were also often accompanied by and subject to the qualifier that a release of fully autonomous capabilities to the general public would require government approval, a variable over which Tesla had no control, and that any regulatory clearance would require a vast amount of data to show that completely autonomous driving is significantly safer than human driving.”
The attorneys cited another federal court that said similar statements “do not constitute fraud” because they indicate that Tesla wasn’t making the absolute representation the Plaintiff said he was.
“Same here. Especially under the heightened Rule 9(b) standard, no allegation suggests that the aspirational statements that Tesla did make were, somehow, false when made. See Richardson, 2000 WL.”
“To the contrary, allegations in the Complaint demonstrate that Tesla has been constantly improving its ADAS technology by releasing software updates, with a goal of achieving more and better autonomy capabilities in the future.”
“Mere failure to realize a long-term, aspirational goal is not fraud.“
In reference to the above statement, the attorneys pointed out that the courts often rejected the argument that a plaintiff can prove the fraudulent intent by pointing to Tesla’s “subsequent failure to perform under the agreement.”
Since launching the software in 2015, Tesla has made a lot of progress toward FSD and autonomous. Tesla has had two AI Day events explaining the technology being developed and used. And Tesla has since launched an FSD Beta testing program, and you can read the recent Tesla FSD Beta news here.
Disclosure: Johnna is a $TSLA shareholder and believes in Tesla’s mission.
Your feedback is welcome. If you have any comments or concerns or see a typo, you can email me at johnna@teslarati.com. You can also reach me on Twitter at @JohnnaCrider1.
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Elon Musk
Elon Musk teases huge merger: ‘Trending towards convergence’
“My companies are, surprisingly in some ways, trending towards convergence.”
Elon Musk recently amplified the thoughts of Morgan Stanley analyst Adam Jonas, who had insight into the “Muskonomy” of his potentially interconnected ventures, something that was proposed at the recent Tesla Shareholder Meeting with xAI.
Musk’s words indicate a potential strategic fusion that could serve as a blueprint for future innovation–but it is dependent on a conglomeration between the many entities the CEO serves.
As Tesla grapples with scaling Optimus and preparing for its imminent production and the development of the Full Self-Driving suite, xAI’s computational edge could provide leverage for the millions of miles of data the company accumulates, providing a more stable and accurate development strategy for the autonomous and AI efforts it has put its chips all in on.
After Tesla Shareholders voted to deny Tesla and xAI’s potential financial partnership through an investment, Jonas said it was an issue that would have to be revisited due to its importance.
xAI has the opportunity to provide an incredible strategic and financial bolstering to Tesla, especially with how important a role data plays in the development of the company’s biggest products.
Jonas wrote in a note to investors:
“They’re gonna have to revisit this. We don’t think investors understand just how important xAI is to Tesla and the broader Muskonomy. Tesla’s relationship with xAI (financially and strategically) is deterministic to the long-term success of Tesla due in part to the natural synergies of data, software, hardware, and manufacturing in recursive loops. The values (and value systems) of both Tesla and xAI are endowed by the values of their shared creator. We believe this co-determination becomes more obvious in the next phases of physical AI/ autonomy for Tesla in the year ahead.”
Musk said, in response to Jonas’ note, that his companies are “surprisingly in some ways, trending toward convergence.”
My companies are, surprisingly in some ways, trending towards convergence
— Elon Musk (@elonmusk) November 10, 2025
Mergers and shared ecosystems between companies are not new moves out of Musk’s playbook, as it has been done in the past, especially with Tesla acquiring other entities.
It did it with SolarCity in 2016 and with Maxwell Technologies in 2019. Investments between Musk companies have occurred before, too, as SpaceX dumped $2 billion into xAI last July.
He’s also said on several occasions that he could eventually bring everything together into some sort of single entity. In July 2024, he said:
“I’m not opposed to the idea in principle, but I’m not sure there is a pragmatic or legal way to merge them. There is also value in equity incentives of people at the companies being tied to that company’s accomplishments.”
This point is especially relevant now with Musk’s recently approved compensation package.
He also said in June, during an interview with CNBC , that “It’s not out of the question” for xAI to merge with Tesla, but it would have to be approved by shareholders. Just a few days later, he said he would not support xAI merging with Tesla; however, he put it in investors’ hands.
It’s more than just a deal; it’s symbiotic. Musk being at the helm of various companies, all intertwined with one another, helps foster recursive innovation. Despite these advantages, there are still a handful of things to consider, especially from a regulatory perspective.
However, it is not competition; it’s convergence. In Musk’s universe, especially from a business sense, mergers are not endpoints, but instead launchpads for ambitions that aim to take each company from Earth to lands beyond our atmosphere.
Elon Musk
Tesla makes Elon Musk’s new compensation package official
This is an important thing to note, as much of the media coverage regarding Musk’s pay package seems to indicate that the company and the shareholders are simply giving the CEO the money. He has to come through on each of these tranches to unlock the $1 trillion.
Tesla has made CEO Elon Musk’s new compensation package official, as it filed a Form 4 with the Securities and Exchange Commission (SEC) on Monday.
The package officially gives Musk the opportunity to acquire over 423 million shares of Tesla stock (NASDAQ: TSLA), dependent on his ability to achieve twelve performance-based tranches that will bring growth to the company and its shareholders.
Tesla (TSLA) shareholders officially approve Elon Musk’s 2025 performance award
Musk’s new compensation package was approved by investors last Thursday at the company’s Annual Shareholder Meeting, as over 75 percent of voters supported the CEO’s new plan, which could be valued at over $1 trillion if he is able to come through on all twelve tranches.
The twelve tranches include growth goals related to vehicle deliveries, the Optimus humanoid robot project, and Tesla’s valuation. If Musk is able to achieve each tranche, he would help Tesla achieve an over $8 trillion market cap.
The 12 tranches include:
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$2 trillion market cap + Deliver 20 million Tesla vehicles cumulatively
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$2.5 trillion market cap + Reach 10 million active Full Self-Driving (FSD) subscriptions
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$3 trillion market cap + Deliver 1 million Optimus humanoid robots
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$3.5 trillion market cap + Operate 1 million Robotaxis commercially
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$4 trillion market cap + Hit $50 billion in adjusted EBITDA (earnings before interest, taxes, etc.)
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$4.5 trillion market cap + Hit $80 billion in adjusted EBITDA
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$5 trillion market cap + Hit $130 billion in adjusted EBITDA
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$5.5 trillion market cap + Hit $210 billion in adjusted EBITDA
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$6 trillion market cap + Hit $300 billion in adjusted EBITDA
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$6.5 trillion market cap + Hit $400 billion in adjusted EBITDA
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$7.5 trillion market cap + Hit $400 billion in adjusted EBITDA for four straight quarters in a row
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$8.5 trillion market cap + Hit $400 billion in adjusted EBITDA for four straight quarters in a row
Achieving the twelve levels of the new compensation package would also give Musk what he’s really after: a larger ownership share in Tesla, which would help him achieve more control, something he feels is necessary for the rollout of the Optimus robot “army.”
Musk does not earn a dime if he does not achieve any of the tranches above.
This is an important thing to note, as much of the media coverage regarding Musk’s pay package seems to indicate that the company and the shareholders are simply giving the CEO the money. He has to come through on each of these tranches to unlock the $1 trillion.
News
Tesla provides vehicles for German firefighters’ EV training program
The sessions were aimed at improving emergency services for accidents involving electric vehicles.
Firefighters from across Germany recently gathered at Tesla Gigafactory Berlin-Brandenburg to practice emergency procedures on electric vehicles. The first training session last weekend focused on dismantling Tesla vehicles using spreaders, shears, and saws, giving responders hands-on experience with modern EV construction and safety features.
The sessions were aimed at improving emergency services for accidents involving electric vehicles, which, while less likely to catch fire than conventional cars, require special handling.
Challenges for first responders
During the exercises, firefighters discovered that Tesla vehicles’ sturdy, unified body panels, which are among the reasons why they are among the safest cars on the road, made cutting doors and roofs more difficult than in older vehicles, as noted in an rbb24 report.
“It was a real eye-opener,” firefighter Martin Haschick said, adding that his first attempt showed him “how not to do it, because we are also trained on older vehicles, and that took longer than I expected.” Tesla trainers demonstrated proper techniques to safely dismantle vehicles, emphasizing differences between older combustion-engine cars and today’s EVs.
Patrick Fath, head of the Tesla plant fire brigade, explained that hands-on experience with current EVs is critical, as scrap cars typically used in training do not reflect modern material strengths or technological design.
“They naturally have a completely different level of technology and different material strengths. But what can happen to us in everyday life – on the highway, on the roads, involves modern vehicles,” Fath stated.
Future training programs
Tesla plans to continue offering training for regional fire departments and state fire service schools, with the Brandenburg Ministry of the Interior observing the initial sessions to provide feedback. Exercises currently avoid live fires or fluid leaks due to the factory’s location in a drinking water protection zone. Tesla covers the costs of these programs, aiming to enhance first responders’ knowledge of modern EV safety and accident procedures.
In a comment, Fath highlighted that electric vehicle fires should not be too much of a problem, considering that the vehicles don’t catch fire as often as their combustion-powered counterparts. “Studies and experience from recent years have already shown that electric vehicles catch fire far less often than conventional vehicles. We have far fewer flammable materials, no gasoline or diesel tank, and therefore fewer ignition sources,” Fath stated.
Authorities have announced similar conclusions. The German Insurance Association (GDV) has confirmed that EVs catch fire significantly less often than combustion-powered cars, with statistics showing that around 14,200 vehicles caught fire in Germany in 2023. At the time, no higher fire risk was found in EVs. Data from the US National Transportation Safety Board (NTSB) from 2024 also showed that about 25 out of 100,000 EVs catch fire, which is notably fewer than the 1,530 out of 100,000 combustion-powered vehicles that catch fire.
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