Tesla Wins Appeal as Court Overturns FSD Class Action Certification

Tesla FSD view from driver's seat

Tesla has secured a legal victory in California after a federal appeals court overturned class certification in a lawsuit accusing the automaker of misleading customers about the hardware needed for Full Self-Driving (FSD).

In an October 16 ruling, the U.S. Court of Appeals for the Ninth Circuit found that a lower court had improperly assumed Tesla buyers were exposed to the company’s allegedly misleading advertising. The decision vacates the certification of three classes, but does not dismiss the lawsuit itself.

The case, LoSavio v. Tesla, dates back to 2022 and centres on Tesla’s claims about the self-driving capabilities of its vehicles. According to Insurance Journal, the disputed advertising claimed vehicles sold from October 2016 onward contained the hardware necessary for full self-driving capability.

The lawsuit is separate from a newer HW3 class action filed in June 2026, which also challenges Tesla’s promises about FSD compatibility.

In its latest decision, the appeals court determined that visiting Tesla’s website did not necessarily mean customers had viewed the specific hardware statement.

The judges pointed out that buyers were not required to visit Tesla’s Autopilot webpage before purchasing FSD. Website traffic data and other advertising statements were also insufficient to establish exposure across the entire class.

The court additionally found that determining when individual customers encountered Tesla’s claims complicated the statute of limitations analysis.

As a result, the court vacated certification of two damages classes and a third class seeking injunctive relief.

Tesla has denied the allegations. The appeals court did not determine whether Tesla’s advertising was misleading.

The case now returns to the district court for further proceedings, leaving the underlying claims unresolved.

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