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Is a pending update causing greyed out of option to opt in for FSD Beta?

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I’m following a Reddit thread with the same issue, and OP was able to get 2023.12.10 pushed manually by making a service request in the app. Worth a shot.
how to make a service request successfully? I’m still on 2023.12.5 and opened a service request last week. I chose “driver assistance features” then “feature availability & settings””. Then never heard back so looks like they ignored me.
 
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how to make a service request successfully? I’m still on 2023.12.5 and opened a service request last week. I chose “driver assistance features” then “feature availability & settings””. Then never heard back so looks like they ignored me.
I submitted a request under software updates, but also haven’t heard back. Also don’t see the existing request in my history. Just waiting.
 
I submitted a request under software updates, but also haven’t heard back. Also don’t see the existing request in my history. Just waiting.
After opening a second request they responded via email with unrelated instructions on how to perform a typical software update. I have responded back asking for 2023.12.10 specifically to be pushed. Waiting on a response
 
I have been thinking they should release another version with FSD at a higher rev within the next week or so, and looks like it happened , a higher version then 2023.20.4.1 with FSD...
 
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a higher version then 2023.20.4.1 with FSD
Anybody know where they get their information? The only install tracked seems to be on Teslascope with the vehicle coming from 2023.20.4.1:
 
Did anyone actually get FSD Beta with 2023.20.6? Seems like it mostly went to those who couldn't actually activate it outside North America.

However 2023.20.7 is starting to roll out with release notes including FSD Beta 11.3.6:

img_6952-jpeg.951642

 
When people have unaddressed problems or Tesla fails to fix long standing issues which impact the vehicle's operation - whether software or hardware - you should have the ability to address the issues in a fashion other than the limitations that binding arbitration offers. It is better to have options. Opting out of Binding Arbitration is just a way to preserve your rights if Tesla fails to meet obligations at some point. I am happy with my car so far and hope to never have to address issues through the courts, but it is better to have them than not. In a software defined car it is critical to have this option.