Tesla has only been promising "FSD" on cars sold after 2016. The service life for most vehicles is on the order of about 10 years or so, meaning I don't think you'll see serious pressure for a class action until the mid 2020's (but I do think it's coming).

About 50% of luxury car owners lease their cars, and 80% of non-Tesla EVs, compared to country wide averages in the 25-30% range. So while most of the Tesla’s sold with FSD are still on the road, a fairly sizable chunk of the 2016 vehicles may already be on their second owner, with the first owner paying for FSD they never got.

Now what’s less clear is how many Tesla owners have re-upped their lease, and how many bought the car they leased. Typically luxury owners lease their cars so they can get the latest features in 3 years, but Tesla hasn’t offered many physical changes to the 3 since it was introduced, with a lot of the changes being done in software.

What I meant is Tesla has an easy out until the first cars they sold the FSD update reach the end of their service life. Shitty for the early adopters yes, but not definitively false advertising yet.

That's probably because the claimants are already deceased.