Tesla's Promise of a Fully Self-Driving Car Merely an 'Aspirational Goal,' Lawyers Say
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Mere failure to realize a long-term, aspirational goal is not fraud,” Tesla’s lawyers wrote in a November 28 court filing, asking that the suit be dismissed.
The lawsuit cited numerous times when Musk and others at Tesla had stated that, within a year or two, the cars would be fully self-driving thanks to software updates. For instance, in a 2016 Tweet, Musk stated that a Tesla car would be able to drive itself across the United States “by next year,” the suit said.
Later that year, Tesla published a video, also cited in the lawsuit, which the automaker said showed one of its cars driving itself.
The video was misleading, the lawsuit said, because according to Tesla employees involved in the video, numerous attempts had to be made before the car could be shown to maneuver through the route without obvious problems.
Just failing to meet Musk’s own expectations isn’t evidence that anyone purposely tried to deceive consumers, which would constitute fraud, Tesla said in its filing.
Moreover, according to Tesla, buyers should have been well aware of the limitations of these systems before purchasing them, based on Tesla’s disclaimers on its website and owners’ manuals. Also, Tesla said, the plaintiffs didn’t show that, even if Tesla’s systems were involved in crashes, they were involved in more crashes than an unaided human driver would have when operating under the same conditions.
Tesla ordered to upgrade self-driving computer for free due to ‘false advertising’
"However, things got more complicated last year when Tesla launched its Full Self-Driving subscription package for $199 per month. Instead of outright buying the Full Self-Driving package, which now costs $15,000, Tesla owners had the opportunity pay $199 a month to get the features available under the package. The problem is that for owners who didn’t have the Full Self-Driving computer retrofit, Tesla was asking for $1,500 (later reduced to $1,000) to get the computer before they could get a FSD subscription."