I'm pretty sure the USA has consumer protection laws against deceptive advertising, so a company can't just say whatever they want when selling a product in order to convince someone to buy it. Maybe Tesla protected themselves with clauses in the purchase contracts that absolves them from having to pay the purchaser back in the event of their own failure to deliver, but I think a FSD purchaser might have a case just based on Elon's verbal promises that have failed to come true over and over again.