I don't agree. If a company advertises a feature, it is not up to the buyer to fully verify that claim before purchase. Tesla doesn't allow you to test drive cars before they deliver them, and it is unreasonable to expect a buyer to fully check every feature on a complex product like a car. Think of all the products in the world that come in a box that cannot be inspected. The Uniform Commercial Code covers this. You do not get to falsely describe your product and then claim it's the buyer's fault for not inspecting before completing the purchase. For instance, you really expect every buyer to test the horsepower or top speed of every car? This is literally what warranties are for- when the product doesn't do what it says.
But this isn't the reason here. The reason is "cars have all hardware needed for FSD." If Tesla starts only allowing cars with USS/Radar to use FSD, then you have a claim. If they make FSD work without it, then no claim. That was the issue here- they specifically told me that I could only buy FSD if I also bought hardware.
But USS isn't just for FSD of course, it's also parking assistance. If you bought a car, it was advertised as having a function, and it doesn't, then you might have a claim. The thing is you have to COMPLAIN to Tesla first, and right away. A judge will be interested if you get the car, and a week later you are like "Tesla, how come I don't have parking assist!???" Then Tesla says "it's coming in a software update." Then you wait 6 months, ask again, and if it's not there, sue.
It's a lot less effective to sit around, just reading stuff on the internet, and then suddenly show up 2 years later with a claim, having never documented it with Tesla before.
All of this is why Tesla has been getting better about telling people what is removed from the cars. I know with Radar they sent every pending order an email telling them about the change ahead of delivery. That doesn't fix the "all HW needed for FSD" claim though.