If you purchased an Acer computer in the United States between March24, 2005 and May 1, 2011, your rights may be affected by a class action settlement.
A class action settlement has been reached in a class action lawsuit against Acer America Corporation (“Acer America” or “Acer” or “Defendant”) in the United States District Court for the Northern District of California (styled Kevin Embry v. Acer America Corporation, Class Action Case No. 09-cv-01808-JW) alleging, among other things, that Acer marketed each of its computers as including a specified version of Microsoft Windows such as “Windows Vista Home Premium” or “Windows XP Professional” and provided a preinstalled OEM version of Windows but did not provide any system or recovery CDs in the box and that as a result if the hard drive failed, and the preinstalled version of Windows became inaccessible, users were generally unable to access native Windows recovery features and utilities, according to the Acer Computer & Windows Vista Home Premium or Windows XP Professional class action lawsuit settlement notice.
You are reportedly a member of the Acer class if you purchased an Acer computer in the United States between March 24, 2005 and
May 1, 2011. However, the class excludes (1) purchasers for purpose of resale; (2) government entities; (3) Acer America Corp., its parents, subsidiaries, and affiliates(collectively “Acer”); (4) Acer’s officers, directors, and employees; and (5) Judge James Ware, David Rotman, and any member of their immediate families.
Under the Acer Computer & Windows Vista Home Premium or Windows XP Professional class action settlement, class members reportedly will have the the right to select one of three sets of settlement benefits.
- First, class members can obtain a CD-rom, designed for their particular Windows operating system, that contains all the Windows recovery features that Plaintiff alleges are inaccessible from the Acer eRecovery disks. If class members replaced their hard drives and were unable to recover their operating system to the new drive, they also can send their computers to Acer, which will reinstall the operating system on the new drive for free.
- Second, class members can choose a free 8GB USB drive, 720HD webcam, or mini optical mouse, if they previously were affected by the types of problems at issue in this case.
- Third, class members can obtain reimbursement of money they spent to repair their computers due to a recovery issue, up to $50.
The Court will hold a hearing on February13, 2012 to consider whether to approve the Acer settlement. The hearing will be held in Courtroom 15, 18th Floor, 450 Golden Gate Avenue, San Francisco, California 94102.
For more information on the Acer Computer & Windows Vista Home Premium or Windows XP Professional class action lawsuit settlement and potential settlement benefits, and/or for updates on the settlement, visit the Embry v. Acer America Corporation Settlement website:
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