—
A Tesla class action lawsuit will move forward in California for customers who believed the marketing for Tesla’s Full Self-Driving technology.
Tesla was originally accused of lying to customers about the capabilities of Autopilot, Enhanced Autopilot and Full Self-Driving features. But the lawsuit has been whittled down to claims regarding Full Self-Driving.
According to the FSD lawsuit, Tesla has been misleading customers since 2016 about the capabilities of its full self-driving systems.
Five nationwide Tesla FSD lawsuits were filed beginning in September 2022, including Matsko v. Tesla and Mallow v. Tesla, then consolidated into one Tesla FSD lawsuit titled, “In re Tesla Advanced Driver Assistance Systems Litigation.”
According to the lawsuit, Tesla drivers were used as “untrained test engineers” for technology that wasn’t ready for the road.
In short, the class action lawsuit alleges Tesla’s “Full Self-Driving” system does not make a vehicle self-driving.
At one point in 2023 the lawsuit was stopped when the judge ruled some plaintiffs agreed to arbitrate their claims, while the rest of the lawsuit was dismissed. However, the judge allowed the remaining plaintiff to modify and refile his FSD lawsuit three times.
However, after years of litigation the class action has been certified for certain California customers only.
Tesla Class Action Lawsuit Certified
Judge Rita Faye Lin found the plaintiffs have adequately shown the issue of whether Tesla vehicles were equipped with hardware for Full Self-Driving capability is subject to “common proof.”
Tesla had argued there is no common proof because vehicle owners have different vehicles and different hardware packages. Those different packages have different sensors and different processing capabilities, the key word being “different.”
According to Tesla, this would “necessitate individualized proof of the falsity as to each of the configurations,” a view not held by the judge.
The judge referenced testimony from an expert for the plaintiffs who said just one avenue of common proof is found in the sensors in all the vehicles that fail to perform in bad weather, no matter which hardware version is used.
According to the judge, the FSD class action lawsuit includes two classes of customers.
Tesla FSD Lawsuit (California Arbitration Opt-Out Class)
“All persons who purchased or leased from Tesla, Inc. (or any entity it directly or indirectly owns or controls, including but not limited to Tesla Lease Trust and Tesla Finance LLC) a Tesla vehicle and paid a separate amount, either through purchase or subscription, for the Full Self-Driving technology package at any time from May 19, 2017, to July 31, 2024, and who either purchased or leased that vehicle in California or who currently reside in California, who opted out of Tesla’s arbitration agreement.”
Tesla FSD Lawsuit (California Pre-Arbitration Class)
“All persons who purchased or leased from Tesla, Inc. (or any entity it directly or indirectly owns or controls, including but not limited to Tesla Lease Trust and Tesla Finance LLC) a Tesla vehicle and paid a separate amount, either through purchase or subscription, for the Full Self-Driving technology package at any time from October 20, 2016, through May 19, 2017 (“Pre-Arbitration Period”), and who either purchased or leased that vehicle in California or who currently reside in California.”
The Tesla FSD lawsuit was filed in the U.S. District Court for the Northern District of California: In Re: Tesla Advanced Driver Assistance Systems Litigation.
The plaintiffs are represented by Cotchett Pitre & McCarthy LLP, Casey Gerry Francavilla Blatt LLP, and Bottini & Bottini, Inc.