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Tesla ‘phantom braking’ lawsuit moves forward, but only in part

Credit: Andrea Conway/X

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A case against Tesla regarding phantom braking in its electric vehicles (EVs) will officially move forward, after a judge this week dismissed parts of the suit while giving the green light to plaintiff claims that the company intentionally concealed the issue from consumers.

On Friday, U.S. District Court Judge Georgia Alexakis removed certain parts of a proposed class action lawsuit, while saying the case could move forward under allegations that Tesla concealed the phantom braking issue, according to a report from Reuters. Other parts of the lawsuit were thrown out, including claims that Tesla owners were forced to overpay for car insurance premiums from the company due to issues with the EVs’ collision monitoring system.

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The suit, as initially filed and proposed as a class action lawsuit in 2023, has to do with Tesla’s forward collision monitoring system, which plaintiffs claim was falsely alerting to collisions ahead, even in times when there isn’t a safety risk ahead at all. Tesla requested that the entire lawsuit be thrown out, going on to deny claims that it was aware of the braking issue when selling a Model 3 to one of the plaintiffs in 2021.

As a result of the unintended braking, plaintiffs claimed that Tesla insurance premiums were being increased due to the false collision warnings, and they added that the automaker knew about the issues since as early as 2015. In response, Tesla’s lawyers argued that plaintiffs didn’t point to any specific communications that concealed such information.

According to Alexakis, the suit “successfully connects the dots” between allegations of Tesla’s withholding of the information on its website, and the company’s front-facing online presence that most buyers use to make purchases. The judge has also said plaintiffs will be able to file an amended complaint if they want to revive the insurance claims piece of the suit.

Following the suit, the National Highway Traffic Safety Administration (NHTSA) opened a preliminary investigation into 416,000 Model 3 and Y units regarding the unintended braking issue, citing 354 complaints. There were no reported accidents or injuries related to the issue and the agency has not escalated the investigation since it was opened.

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What are your thoughts? Let me know at zach@teslarati.com, find me on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

Zach is a renewable energy reporter who has been covering electric vehicles since 2020. He grew up in Fremont, California, and he currently lives in Colorado. His work has appeared in the Chicago Tribune, KRON4 San Francisco, FOX31 Denver, InsideEVs, CleanTechnica, and many other publications. When he isn't covering Tesla or other EV companies, you can find him writing and performing music, drinking a good cup of coffee, or hanging out with his cats, Banks and Freddie. Reach out at zach@teslarati.com, find him on X at @zacharyvisconti, or send us tips at tips@teslarati.com.

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Cybertruck

Tesla Cybertruck engineer reveals new changes in ‘constantly evolving’ pickup

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Credit: Joe Tegtmeyer | YouTube

Tesla Cybertruck Lead Engineer Wes Morrill revealed the company has made several changes to the all-electric pickup, which he calls a “living thing, constantly evolving and improving.”

Cybertruck is manufactured at Tesla’s Gigafactory Texas just outside of Austin, and over the past few years, Tesla has continued to make small changes to the pickup to improve everything from cost, reliability, serviceablility, and manufacturability.

“The finish line isn’t getting to production. A product is a living thing, constantly evolving and improving,” Morrill added.

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Some of those changes are yet to be revealed, but perhaps the most notable one was the change Tesla made to the aero shield that sits underneath the truck. In the past, it was aluminum, but now the Cybertruck is using a self-reinforcing polypropylene.

Morrill said that the polypropylene is “stretched into fibers and then laminated into the form,” and is much more durable, much lighter, and significantly cheaper than aluminum when it is manufactured this way.

It also enabled some improvements in the geometry of the Cybertruck, improving the manufacturing around the bolts and edges, in addition to minor form changes. These all benefitted the Cybertruck in more ways than one: specifically with durability and improved drag.

Typically, Teslas are not necessarily identified by model year because these changes are fluid and occur when the company sees fit to implement them. It is not like other automotive companies, which usually make sweeping manufacturing changes when building a new model year.

Instead, Teslas are recognized by their “generation” or “era.” For example, those with a newer Model Y might refer to their car as a “Juniper.” This is the same with Model 3, as many refer to the new body style as the “Highland.”

Tesla’s manufacturing changes are proof of the company’s constant need to improve its products and move things forward with its vehicles. There is no need to drag one’s feet and wait until next year if the product can be made better right now, and that’s precisely what Tesla did with the Cybertruck.

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Tesla Cybercabs narrowly miss deadly Amazon cargo plane crash

An Amazon cargo plane crash near Miami’s airport stopped feet from dozens of Tesla Cybercabs.

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Photorealistic depiction of the Amazon Prime plane crash in Miami on Sep 3, 2026 near a fleet of Tesla Cybercab
Photorealistic depiction of the Amazon Prime plane crash in Miami on Sep 3, 2026 near a fleet of Tesla Cybercab

An Amazon Prime Air Boeing 767 cargo jet overran the runway at Miami International Airport on Sunday afternoon, killing five people and injuring five more. The jet, operated by North Carolina based carrier 21 Air as Flight 7598, touched down around 2 p.m. after arriving from San Juan, Puerto Rico, then crossed the airport perimeter, plowed across NW 67th Avenue and struck multiple vehicles before catching fire, according to the Associated Press.

Photos and video from the scene show the aircraft’s nose stopped within meters of a fenced staging lot holding dozens of gold painted Tesla Cybercabs, the steering wheel free robotaxi Tesla began putting on public roads in Austin last week. Miami-Dade Fire Rescue has confirmed the plane struck “multiple vehicles” but has not said whether any Cybercabs were among them, and neither Tesla nor airport officials have addressed the fleet directly.

The Cybercabs had not yet entered commercial service in Miami. Tesla’s existing Robotaxi operation there runs on modified Model Y vehicles and has been unsupervised since Ashok Elluswamy confirmed the detail on X in July.


Elon Musk offered the briefest of reactions. Replying to a Zero Hedge post about the Cybercabs sitting so close to the wreckage, he wrote a single word: “Weird.” He has not commented further, and Tesla has not issued a statement.

The timing puts Tesla’s newest vehicle near an unrelated but highly visible tragedy just days after its Austin debut, a launch that had already drawn scrutiny from federal regulators. The National Highway Traffic Safety Administration opened an audit how Tesla certified the Cybercab as compliant with federal vehicle safety standards, a process Teslarati covered after the vehicle’s September 3 launch event. That inquiry concerns the car’s lack of a steering wheel and pedals, not the Miami crash.

Investigators from the FAA and NTSB are focused on the plane, not the parking lot beside it. Flight data reviewed by outlets including Simple Flying show the 767 touched down around 170 knots, well above the 135 to 140 knot range typical for the aircraft, though investigators have not determined a cause. Amazon said it is working with authorities and that its priority is the safety of everyone affected.

Whether any Cybercabs were damaged, and what Tesla plans for the fleet parked near one of the country’s busiest airports, remain open questions.

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Tesla crosses major Unsupervised Self-Driving milestone

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Credit: Tesla

Tesla has reached a notable benchmark in its autonomous driving program after its Robotaxi fleet surpassed one million miles of unsupervised operation. The company made the announcement during its Cybercab event in Austin on September 3.

Tesla Vice President of AI Ashok Elluswamy told attendees he was happy to report the fleet had achieved one million miles of unsupervised Robotaxi operation as a testament to safety.

The new total marked a sharp increase from the 380,000 unsupervised miles Tesla disclosed during its second-quarter 2026 earnings update in late July.

In roughly six weeks, the company added about 620,000 miles. That acceleration followed Tesla’s decision to remove in-vehicle safety monitors from most of its operations outside the San Francisco Bay Area.

Credit: Tesla

Tesla first launched Robotaxi service in Austin in June 2025 with safety drivers present. It later began fully unsupervised rides and expanded into Dallas, Houston, Miami, Orlando, and Tampa. The San Francisco Bay Area remains the exception, where a safety monitor still rides in the vehicle under California permitting rules.

The company has not released a city-by-city breakdown of the one million unsupervised miles.

The milestone arrived as Tesla began offering public Cybercab rides in Austin. The purpose-built vehicle has no steering wheel or pedals and is designed only for autonomous ride-hailing. Production versions joined the existing fleet of modified Tesla vehicles already operating in the service.

Tesla’s unsupervised mileage is growing at a double-digit weekly rate according to earlier company comments, yet its fleet size remains modest compared with established competitors. Waymo has accumulated more than 200 million fully autonomous rider-only miles. Tesla has described its own unsupervised operations as having recorded zero notable incidents in the period leading up to the July update.

The one-million-mile figure reflects Tesla’s shift from supervised testing to broader driverless service in multiple states. It also highlights the company’s strategy of using both existing Model Y vehicles and the new Cybercab to scale its network.

Credit: Tesla

Whether the rapid recent growth continues will depend on further city expansions, regulatory approvals, and the performance of the purpose-built Cybercab in everyday paid rides. Tesla has not specified how many of the latest miles involved the new vehicle versus the rest of the fleet.

The announcement underscores Tesla’s progress toward a larger robotaxi network while illustrating the remaining gap in total autonomous experience relative to longer-operating rivals.

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