Did amazon/waymo actually claim they were 100% automated? Moreover is the fact that they're 100% automated a material fact to the consumer? The investors might have grounds to sue for securities fraud, but it's going to be much tougher for a consumer, when for all intents and purposes they got what they expected (ie. whatever they bought from the shop).

https://en.wikipedia.org/wiki/Material_fact

I do think that for a meaningful fraction of first time customers, the choice to try it is about the novelty of it being automated. In SF I do often see people explaining waymo to out of town visitors, and the uniqueness of "driverless" vs "remote controlled" is part of the appeal.

Here's a waymo ad from a year ago. In like 10 seconds they repeat "it's driving itself" 3 times.

https://www.youtube.com/watch?v=0kJPDg207oc

Here's another one. The closing screen says "Autonomous rides 24/7". They talk about the robot

Here's a blogpost from 2021 in which they insist that their messaging from there forward will talk about "fully autonomous driving", and not merely self-driving. https://waymo.com/blog/2021/01/why-youll-hear-us-say-autonom...

Here's a post from this year where as part of their expansion to new cities they say " we continue our accelerated growth and welcome the first public riders into our _fully autonomous_ ride-hailing service in four new cities" (emphasis mine). https://waymo.com/blog/#:~:text=Waymo%20will%20begin%20fully...

I haven't read the TOS in the app and I'm sure they didn't legally commit that no human will ever be involved even in unusual circumstances (which would probably be irresponsible). But they have been advertising on the basis of being autonomous, they're presenting that as part of their value prop to new users. Maybe it's up to lawyers to decide whether that's "material". But they are repeatedly, loudly, proudly advertising and marketing on the basis of it being fully autonomous.