The Ninth Circuit made clear that in order to certify this class of Tesla car owners, the Plaintiffs would need to show that each and every class member (thousands of them) had seen Tesla’s claim that its cars had the hardware to enter a full self-driving mode. We cannot assume that consumers had seen claims published on a website or claims made by the company during a press conference. In Tesla’s case, the court’s decision to not allow a class action to continue means that each person who wants to sue Tesla must do so individually on their own dime. This could be a huge deterrent for some Tesla owners.
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