Ninth Circuit Decertifies Tesla FSD Fraud Class Action
TL;DR
- The Ninth Circuit vacated class certification in LoSavio v. Tesla on October 16, 2026, in a nonprecedential memorandum.
- A panel of Ronald Gould, Jay Bybee and Daniel Bress said the trial court wrongly presumed every FSD buyer saw the hardware claim on Tesla's Autopilot page.
- Two damages classes and one injunctive-relief class fell; the case returns to US District Judge Rita Lin, where individual claims continue.
The Ninth Circuit on Friday vacated class certification in a fraud lawsuit over Tesla's Full Self-Driving marketing, finding the trial court could not presume every FSD buyer saw the challenged hardware claim because it sat on Tesla's Autopilot webpage and nothing forced buyers through that page to complete a purchase, Bloomberg Law reported.
The three-judge panel of Ronald Gould, Jay Bybee and Daniel Bress undid two damages classes and one injunctive-relief class in LoSavio v. Tesla, No. 25-7927, in a nonprecedential memorandum dated October 16. The underlying suit alleges Tesla "falsely advertised that cars sold since October 2016 had the hardware needed for full self-driving." The decertification is procedural; the panel did not rule on whether that claim was true.
"We think the panel did not fully appreciate the unique circumstances here," plaintiffs' lawyers said after the ruling.
The case now returns to US District Judge Rita Lin, where individual claims continue.
Originally reported by news.bloomberglaw.com
Read the original article →Original headline: Ninth Circuit Decertifies Tesla FSD Class Action, Finds Buyers Could Skip the Autopilot Page