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Tesla is suing the California Department of Motor Vehicles (DMV) to overturn a ruling that said the automaker engaged in false advertising by using the terms "Autopilot" and "Full Self-Driving.”
In December, the DMV said Tesla’s use of the terms to market its advanced driver assistance system (ADAS) misled potential buyers into thinking the system did not require human supervision. Based on decisions proposed by a state administrative law judge, the DMV gave Tesla 60 days to correct its marketing language or face a 30-day sales and manufacturing ban in the state.
Tesla dropped Autopilot in late January, and the DMV confirmed on Feb. 17 that it wouldn't suspend Tesla’s dealer and manufacturer licenses.
On Feb. 13, however, Tesla filed a complaint alleging that the order is “factually wrong, legally flawed, unconstitutional, and should be set aside.” The company said that while it uses terms like “autopilot” in its advertising, it clearly states that its cars can't drive themselves and require human supervision.
“It was impossible to buy a Tesla equipped with either Autopilot or Full Self-Driving Capability, or to use any of their associated features, without seeing clear and repeated statements that they do not make the vehicle autonomous,” Tesla said. The company also alleges that the DMV’s order was based on the testimony of a single law professor and did not include any consumer witnesses.
Tesla has requested that the Superior Court of California in the County of Los Angeles issue a judgment declaring the DMV’s order unconstitutional under the First Amendment.
Meanwhile, Tesla's advanced features now fall under Full Self-Driving (Supervised), which requires a $99-per-month subscription, not a one-time $8,000 purchase.