Yeah, the customer was promised a lot of stuff in the shipping product that wasn't there. That's standard fodder for a claim.I edited my post above but here is the link, yes this happened.
Real world examples of failed enterprise software purchases where the buyer wasted under $1 million.www.wayferry.com
Also note Tesla did give dates many times and those dates were failed to be delivered. Elon has many times advertised it's full release by end of x year. He is the CEO his word can be counted on by a consumer. Even if he doesn't actually know. So yes I do truly believe someone could win a class action against Tesla and be awarded damages in court. You prepaid for something with an expected delivery date not open ended as you stated.
Tesla is (barely) promising stuff they will deliver in future. Future software is often late or even delivered never. It's different.
There could be a fight over what Elon has said. He says a lot of things, including at times being more contrite, saying it's what he hopes, or "barring regulatory approval" -- a caveat he often puts on. Other times he says he is certain. All of us have learned his ways and don't take any of his promises seriously, but some might make a case that they did.
I'm confident you could get your FSD payment back, plus interest. To get more back you would have to start showing you would have bought a different car if not for the FSD promises. That's a hard sell. Tesla is still the best EV even without FSD. You want to make a serious case that you would have bought a Chevy Bolt but the promise of FSD in the future switched you? I mean yes, Elon did tell you that you were insane to buy anything but a Tesla -- but is that a promise, or just marketing bravado? You don't usually get to sue over "Their ads said it was the best and it is not so I want damages."
And again, what are the damages? Maybe Tesla will buy your car back from you (then resell it for more.) The used market will already pay a premium for it.
For more damages you would have to show how you actually lost money because you bought a Tesla instead of some other car.