I don't have anywhere near the time or interest in personally going through a lawsuit, but it's always surprised me that a consumer fraud claim hasn't been brought - at least in Illinois. Here, consumer fraud requires a deception by the defendant, a reliance on that deception by the plaintiff, that deception causing damage, and that deception happening in the course of commerce. There isn't even mention of a contract - as a matter of fact, many of the deceptions are of the "I know the contract says this, but ..." with that statement made by an agent of the defendant being the very deception that causes the plaintiff to enter into the contract. A company can commit fraud by withholding facts that a sophisticated buyer would have relied on to behave differently. On the other hand, a firm can also commit fraud by producing falsehoods that the buyer relies on to commit to a purchase.
It isn't, in my mind anyhow, enough that Tesla never said we'd have FSD in whatever timeframe. Elon made statements, and Tesla posted videos and statements like "coming by the end of the year" that made it sound like FSD was right around the corner. And Elon's tweets and statements matter because he is very much a company agent. If the fact is "and we don't actually have a working version of this anywhere close to the form we're showing in a video," then it was a deception. Again, per the Illinois Consumer Fraud and Deceptive Business Practices Act, just omitting a material fact that would have changed the behavior of a buyer is fraud. So omitting the fact (assuming it is true - nothing but discovery could prove it) that Tesla has no working FSD prototype capable of advertised features constitutes fraud.
I imagine at least some people wouldn't have bought FSD had they know it wasn't just awaiting regulatory approval, but in fact, wasn't even existent anywhere. Some people would have been fine with it and paid anyhow. Other people relied on information that was clearly incomplete at best and feel defrauded. And again, it isn't that Tesla never said "You will have FSD by xx/xx/xxxx," but instead because Tesla never said "we don't have a working version anywhere and there is no proof we ever will." If that is a material fact for people and Tesla didn't disclose it, then per the Act in Illinois, that is fraud.