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Settlement Reached in Lawsuit Involving Acer Notebook Computers Pre-installed with Microsoft® Windows Vista
(San Francisco, CA) – The parties have reached a settlement in a nationwide class action lawsuit alleging that Acer America Corporation (“Acer”) advertised and sold Acer notebook computers that did not contain enough Random Access Memory (“RAM”) to support certain pre-installed versions of the Microsoft® Windows Vista operating system. Acer denies the claims, but has agreed to the Settlement to avoid the costs and risks of a trial.
The Settlement includes all U.S. residents who purchased a new Acer notebook computer that: (1) came pre-installed with a Microsoft® Windows Vista Home Premium, Business, or Ultimate operating system; (2) came with 1 gigabyte (“GB”) of RAM or less as shared memory for both the system and graphics; (3) was purchased from an authorized retailer; and (4) was not returned for a refund.
Class Members may claim either: (a) a 16GB USB Flash Drive with ReadyBoost technology; (b) a check for $10.00; (c) a check for up to $100.00 for reimbursement of any repair costs that were incurred before April 25, 2013 in an effort to resolve performance issues related to insufficient RAM; or (d) for Class Members who still own their computer, a 1GB or 2GB laptop memory DIMM that will allow the Acer notebook to operate with 2GB of RAM.
Any class member may seek to be excluded from the settlement by filing a notice of “opt out.” Class Members who remain in the settlement, either by submitting a claim or doing nothing, have the right to object to the settlement or ask to speak at the hearing. Opt out notices, objections, and any requests to appear are due by July 24, 2013. In order to get any benefits from the settlement, Class Members must submit a Claim Form by July 24, 2013. Claim Forms are available at www.AcerLawsuit.com or by calling 1-877-761-0698. Claim forms will also be mailed and emailed to those class members for whom Acer has contact information.
The Court will hold a hearing on October 4, 2013 at 9:00 a.m. to consider whether to approve the settlement, attorneys’ fees, costs, expenses and incentive awards.
For more information about the settlement or to file a claim, visit www.AcerLawsuit.com or call:
Practice Areas: Deceptive Business Practices and Consumer Protection