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Tesla faces a consumer class action alleging that statements about Autopilot and Full Self-Driving (FSD) overstated vehicle capabilities. A federal judge certified modified classes in September 2025, but that decision did not determine whether Tesla or Elon Musk misled drivers. Tesla’s June 2026 filing says the certification order is on appeal and the district-court case is stayed; the filing listed August 31, 2026, for oral argument, and the sources cited here do not establish what happened afterward.
What the Tesla Autopilot and FSD lawsuit alleges
The case, In re Tesla Advanced Driver Assistance Systems Litigation, No. 22-cv-05240, is in the U.S. District Court for the Northern District of California. Plaintiff Thomas LoSavio alleges that Tesla made misleading representations in two broad areas: that its vehicles had the hardware needed for full self-driving capability, and that Tesla would soon demonstrate a car driving across the country on its own.
The complaint asserts claims under California’s Unfair Competition Law, Consumer Legal Remedies Act and False Advertising Law, as well as fraud, negligent misrepresentation and negligence. These are the plaintiff’s allegations, not findings that the claims are true. The September 3, 2025 court order recounts statements at issue and resolves class-certification questions; it does not decide liability.
The statements about hardware and autonomous driving
The order quotes Tesla CEO Elon Musk at an October 19, 2016 press conference saying that cars leaving the factory had “hardware necessary for Level 5 Autonomy.” It also recounts his prediction that a car would be able to travel from Los Angeles to New York and park without a touch by the end of the following year. The lawsuit alleges these statements were misleading in context. The fact that the order describes them does not establish that they were false.
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“Basic news is that all cars exiting the factory have hardware necessary for Level 5 Autonomy so that’s in terms of Cameras, Compute Power, it’s in every car we make on the order 2,000 cars a week are shipping now with Level 5 literally meaning hardware capable of full self-driving for driver-less capability.”
— Elon Musk, Tesla CEO, at an October 19, 2016 press conference, as quoted in the court’s September 3, 2025 order
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The court order also describes changes in Tesla hardware: it says Tesla released HW3 in 2021 with a more powerful computer and upgraded cameras, then began rolling out HW4 in 2023 with another computer upgrade and wider camera fields of vision. It quotes Musk saying on a 2024 earnings call that HW3 computers might need upgrading for customers who purchased FSD. This is background to the dispute about capability statements, not a judicial conclusion about whether a particular vehicle can meet a particular standard.
What the judge decided—and what remains undecided
On August 18, 2025, the district court certified modified classes in an order filed September 3. Tesla’s later SEC filing describes the certified class as California consumers who are not subject to an arbitration agreement. Certification permits claims meeting the class definition to proceed collectively; it is not a ruling that Tesla misled consumers, that every class member suffered harm, or that Tesla must pay damages.
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The certification order is under appellate review. Tesla reported in its June 30, 2026 SEC filing that the Ninth Circuit granted its petition for permission to appeal on December 18, 2025, and that the district court stayed the case on January 5, 2026, pending the appeal. The filing scheduled oral argument for August 31, 2026. The cited records do not establish whether argument occurred or whether the Ninth Circuit has since ruled.
How the case reached this point
The timeline below draws on Tesla’s SEC filing for procedural history and the district court’s order for its certification decision.
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- September 14, 2022: The proposed class action was filed in the Northern District of California, according to Tesla. The company says it was later consolidated with other proposed class actions.
- October 28, 2022: A consolidated amended complaint sought damages and other relief for people who purchased or leased from Tesla from January 1, 2016 onward, according to the company filing.
- September 30, 2023: The court denied a preliminary-injunction motion, compelled four of five plaintiffs to arbitration and dismissed the fifth plaintiff’s claims with leave to amend, according to Tesla.
- October 31, 2023: The remaining plaintiff filed an amended complaint.
- May 15, 2024: The court granted in part and denied in part Tesla’s motion to dismiss.
- May 6, 2025: The plaintiff moved to certify a class.
- August 18 / September 3, 2025: The court certified modified classes in an order dated August 18 and filed September 3.
- September 1 / December 18, 2025: Tesla petitioned the Ninth Circuit for permission to appeal on September 1; the appellate court granted the petition on December 18, according to Tesla.
- January 5, 2026: The district court stayed the case pending the appeal, according to Tesla.
- August 31, 2026: Tesla’s June 30 filing listed this as the scheduled oral-argument date. The records cited here do not provide a subsequent appellate outcome.
Can Tesla owners join the lawsuit?
Not every Tesla owner is automatically included. Tesla’s filing describes the certified class as California consumers who are not subject to an arbitration agreement. The cited records do not provide a current claim form, an individual eligibility decision or a claims deadline. A person who thinks they may qualify would need to review the court’s current docket and class notices or consult a lawyer; the filing’s description alone cannot determine an individual’s status.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Is this the same as the Tesla investor lawsuit?
No. The case described here is a consumer action about alleged representations made to drivers and vehicle purchasers. Tesla’s SEC filing also discusses a separate securities case in Texas concerning alleged statements to investors about Autopilot, FSD (Supervised) and Robotaxi. The investor case involves different plaintiffs and legal claims; it is not this consumer class action.
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What NHTSA has said about FSD-Supervised
Separate from the lawsuit, the National Highway Traffic Safety Administration’s Office of Defects Investigation wrote to Tesla in November 2024 about public messaging for FSD-Supervised. The agency said some posts and website descriptions appeared inconsistent with Tesla’s statements to the agency that drivers must maintain control, remain vigilant and be ready to intervene. The correspondence also notes Tesla’s disclaimer that the features require active driver supervision and do not make a vehicle autonomous. This is regulatory correspondence, not a decision in the consumer lawsuit or a finding of liability in it. NHTSA’s Tesla safety materials.
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