Ninth Circuit decertifies Tesla Full Self-Driving false-advertising classes

A three-judge Ninth Circuit panel vacated a California federal judge's order that had certified three classes of Tesla buyers who alleged the company misled them about the hardware capabilities needed for full self-driving. The panel, made up of Judges Ronald Gould, Jay Bybee and Daniel Bress, found individualized questions about which buyers actually saw the challenged website statement made class-wide treatment improper. The underlying false-advertising claims were not decided on the merits and the litigation continues on an individual basis. Plaintiffs' counsel said they disagreed with the panel's assessment of the facts.

Why it matters. The ruling raises the bar for plaintiffs seeking classwide treatment of consumer deception claims tied to statements buyers may not have uniformly seen, a theory relevant to other vehicle and tech marketing class actions.