May 15 (Reuters) - A U.S. judge on Wednesday rejected
Tesla's bid to dismiss a lawsuit accusing Elon Musk's
electric car company of misleading owners into believing that
their vehicles could soon have self-driving capabilities.
The proposed nationwide class action accused Tesla and Musk
of having since 2016 falsely advertised Autopilot and other
self-driving technology as functional or "just around the
corner," inducing drivers to pay more for their vehicles.
U.S. District Judge Rita Lin in San Francisco said owners
could pursue negligence and fraud-based claims, to the extent
they relied on Tesla's representations regarding vehicles'
hardware and ability to drive coast-to-coast across the U.S.
Without ruling on the merits, Lin said that "if Tesla meant
to convey that its hardware was sufficient to reach high or full
automation, the plainly alleges sufficient falsity."
The judge dismissed some other claims.
Tesla and its lawyers did not immediately respond to
requests for comment. Lawyers for Tesla vehicle owners did not
immediately respond to similar requests.
The case was led by Thomas LoSavio, a retired California
lawyer who said he paid an $8,000 premium in 2017 for Full
Self-Driving capabilities on a Tesla Model S, believing it would
make driving safer if his reflexes deteriorated as he aged.
LoSavio said he was still waiting for the technology six
years later, with Tesla remaining unable "even remotely" to
produce a fully self-driving car.
The lawsuit seeks unspecified damages for people who since
2016 bought or leased Tesla vehicles with Autopilot, Enhanced
Autopilot and Full Self-Driving features.
Tesla has for many years faced federal probes into whether
its self-driving technology might have contributed to fatal
crashes.
Federal prosecutors are separately examining whether Tesla
committed securities fraud or wire fraud by misleading investors
about its vehicles' self-driving capabilities, according to
three people familiar with the matter.
Tesla has said Autopilot lets vehicles steer, accelerate and
brake in their lanes, and Full Self-Driving lets vehicles obey
traffic signals and change lanes.
But it had acknowledged that neither technology makes
vehicles autonomous, or excuses drivers from paying attention to
the roads.
The case is In re Tesla Advanced Driver Assistance Systems
Litigation, U.S. District Court, Northern District of
California, No. 22-05240.