A new proposed class action accuses Tesla of selling “Full Self-Driving” on millions of vehicles that are physically incapable of delivering it — and to make its case, the 51-page complaint repeatedly cites Electrek’s own reporting. The suit, Waller v. Tesla (No. 4:26-cv-05350-KAW), was filed June 4 in the Northern District of California and covers cars built with Tesla’s Hardware 1, 2, 2.5, and 3 computers — effectively every Tesla sold with the FSD option from 2017 through early 2023. What the lawsuit claims The complaint, brought by Migliaccio & Rathod LLP, alleges that Tesla and CEO Elon Musk have “deceptively and misleadingly” marketed vehicles with HW1 through HW3 as having all the hardware needed for fully autonomous driving — including the “coast-to-coast” trips Musk promised back in 2016. In reality, the suit says, those cars are “incapable of safely and reliably traveling without human intervention,” and Tesla’s system has “never” advanced beyond SAE Level 2 — driver assistance that requires constant human supervision — despite years of claims that the cars were one software update away from Level 4 or 5 autonomy. The named plaintiff is David Waller, a Frankfort, Kentucky resident who bought a 2020 Model S on June 29, 2020 — six years ago to the day — for $81,790, plus $7,000 for the “Full Self-Driving Capability” add-on. He opted out of Tesla’s arbitration agreement weeks later, on July 6, 2020. Tesla’s FSD package has sold for as much as $15,000. The complaint lays out five counts — breach of express warranty, violation of the Kentucky Consumer Protection Act, fraud by misrepresentation, fraud by omission, and unjust enrichment — and demands a jury trial, seeking damages, punitive damages, civil penalties, restitution, and disgorgement. The full 51-page complaint is available here. The smoking gun: Tesla’s own admission What