Tesla sued for broken promises on Autopilot and Full Self-Driving arrival timing

US electric-car giant Tesla has been sued by a customer who claims the company has misled him – and other car buyers – by falsely advertising when its autonomous driving technology would be available on its vehicles.

According to US publication The Mercury News, Briggs Matsko has accused Tesla and its CEO, Elon Musk, of advertising its ‘Autopilot’ and ‘Full Self-Driving’ autonomous driving software as fully functioning or “just around the corner” since 2016.

Mr Matsko’s lawsuit – filed in a San Francisco federal court – is seeking unspecified damages for Tesla owners who have purchased or leased one of the company’s vehicles equipped with Autopilot, Enhanced Autopilot, or Full Self-Driving since 2016.

In his lawsuit, Mr Matsko alleges Tesla wanted to “generate excitement” about its electric cars, hoping to in turn attract investors, drive-up its stock price, and improve sales.

“Tesla has deceived and misled consumers regarding the current abilities of its (autonomous) technology and by representing that it was perpetually on the cusp of perfecting that technology and finally fulfilling its promise of producing a fully self-driving car,” Mr Matsko’s lawsuit claims. 

“Although these promises have proven false time and time again, Tesla and Musk have continued making them to generate media attention, to deceive consumers into believing it has unrivalled cutting-edge technology, and to establish itself as a leading player in the fast-growing electric vehicle market.”

"Tesla has yet to produce anything even remotely approaching a fully self-driving car."

The Mercury News reported that Mr Matsko purchased a Tesla Model X electric SUV in 2018, paying an additional $US5000 ($AU7400) at the time for the ‘Enhanced Autopilot’ semi-autonomous system.

Launched in 2015, Autopilot is similar to a number of other semi-autonomous systems offered by car makers, providing ‘Level 2’ autonomous capabilities such as adaptive cruise control and lane-keeping assistance.

Enhanced Autopilot claims to add functions such as automatic navigation, lane change and parking, while also allowing the car to be summoned by its owner.

In addition to Autopilot, Full Self-Driving claims to add the ability to detect and stop for traffic signs and lights.

The controversial Full Self-Driving system was released as a ‘beta’ service in September 2021, utilising real-time data gathered by Tesla’s customers on public roads to improve the system.

The lawsuit also alleges “dozens of people have suffered fatal and other serious injuries as a result of (autonomous driving-related) collisions, triggering a host of investigations by state and federal regulators.”

Since 2016, the US National Highway Traffic Safety Administration (NHTSA) has opened more than 30 investigations into crashes involving Tesla vehicles where the company’s semi-autonomous systems were understood to be in use, resulting in more than 20 fatalities.

Earlier this month, Elon Musk claimed Full Self-Driving would be operational by the end of the year – echoing earlier comments made in 2020 and 2021.

In Australia, Full Self-Driving does not totally comply with local road rules, although Enhanced Autopilot is legal and is available to Tesla owners for an additional $5100 fee.

While Full Self-Driving can’t be used in Australia, Tesla customers can order the system for $10,100, unlocking its capabilities when it becomes available.