Neither MCU2 nor MCU3/Z are compatible with FSD because FSD doesn’t exist. Only FSD Beta exists.
Tesla sells a product called "Full Self Driving Capability." You can buy it in the app. They sell it as a outright purchase, as well as a subscription.
Tesla advertised: "All Tesla vehicles produced in our factory, including Model 3, have the hardware needed for full self-driving capability at a safety level substantially greater than that of a human driver."
Tesla will not let you subscribe to "Full Self Driving Capability" without a hardware update. They want money for that hardware update.
Clearly the car did not have all hardware needed for full self driving capability, per Tesla's own purchase process.
At no point in the process is Full Self Driving called beta. It's just a thing Tesla lets you buy, but only if you have specific hardware.
This is not hard or complicated. There are only a few facts here that need to be presented to prove false advertising.
Also, EVERY autopilot feature is beta even after 6 years- so Tesla is going to have to explain what that means, and when a customer is actually owed what they paid for. I imagine a judge would not be very open to Tesla saying "yeah, it's been 6 years, and we've had FSD on HW3/MCU2 for a year now, but don't worry, it will come someday, so this owner has no claim."
Which of course would require them to state, in court, under oath, that FSD will come to MCU1.
People are confusing the FSD Beta software for the product Tesla sells which is called Full Self Driving Capability. They won't sell you FSD Capability without a hardware upgrade. This tells you all you need to know to show that the advertisement was false.
How many times has Tesla shown up on small claims court, for any reason?
I have no idea. But I do know for a fact they have reached out to multiple people BEFORE the case ended up in small claims and settled with them. You can see it in the public records.