Tesla's Biggest California FSD Class Just Died at the Ninth Circuit — But the Memo Is Unpublished, and Three Cases Stay Live

On October 16, 2026, a three-judge Ninth Circuit panel — Circuit Judges Ronald Gould, Jay Bybee and Daniel Bress — issued its slip opinion in LoSavio v. Tesla, No. 25-7927, vacating District Judge Rita F. Lin's August 18, 2025 order certifying three California consumer classes over Tesla's alleged 'Hardware Statement' misrepresentations on the Autopilot marketing page. The panel ruled that plaintiffs could not prove classwide exposure to the statement because the Autopilot webpage was not a required stop on the FSD purchase flow. vacates all three California classes without resolving the merits of the false-advertising claims

LoSavio was the headline consumer case, but it was capped at California FSD buyers and ran on a single representation theory. The remaining Tesla FSD exposure sits in different forums on different claims — and aggregate damages are larger. three live FSD-facing cases carry materially more aggregate dollars than the California class did

Tesla ended Q2 2026 with 1.48 million active Full Self-Driving (Supervised) users — up from 1.28M in Q1 and 0.95M a year earlier — generating $791.2M in annualized recurring FSD revenue versus $546M in Q1. Roughly 666,000 of those users pay $99 a month; the rest bought FSD upfront. The LoSavio class had aggregated all 1.48M into a single restitution pool. collapses the worst-case restitution ceiling for FSD buyers from class-wide to single-plaintiff arbitration

The LoSavio reasoning — classwide exposure to a feature statement cannot be presumed when the feature's purchase path does not force buyers past the statement's source — is portable across AV product categories. The same logic should travel to bundling-driven ADAS claims, where Tier-1 suppliers and OEMs face the same 'every buyer saw the page' hurdle that defeated the Tesla class. offers a defensible playbook that Mobileye, Aurora and similar AV feature vendors can deploy at the trial-court class-cert stage

LoSavio changes the floor, not the ceiling, of Tesla's FSD liability stack. Four dated events will tell the market whether to price the vacation as durable or as a procedural pause. four dated catalysts will shape the FSD liability arc over the next 90 days