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Acer Computer & Windows Vista Home Premium or Windows XP Professional Class Action Lawsuit Settlement

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:


If You Have Thoughts On The Acer Computer & Windows Vista Home Premium or Windows XP Professional Class Action Lawsuit Settlement, Share Your Settlement Comments Below.

{ 6 comments… add one }
  • Diane December 4, 2011, 8:08 pm

    I think its a good thing to have others looking out for others that have problems with their merchandise, especially some have went threw frustrating times trying to figure out why something won’t work right when they should, like the disks that was suppose to be simple and easy to recover your computer, I didn’t think I would need them but I went out and bought extra disks and made recovery disks so I wouldn’t have to worry as I had bought 2 acer computers not just one, then when one crashed, I lost all the time I put into it trying to get it back up before taking it into a tech, to only find out then there was no way I was getting my old system back, so then that was all my time and the time I had to pay the tech, then when the other computer crashed I just automatically took it to the tech, same problem no recovery, But I also think these lawyers that bring them get to much friggen money from them, I know they do a lot but they still get to much money, even if I take the $50.00 that is nothing compared to the time I spent trying to get the computer back up my self, plus the cost of the disks I made, the time it took to take to the shop an the techs pay checking it out alone is $35.00 at the least then to reformat now is at the least $75.00 around here, and it certainly don’t make up for the lost pictures and information on my computer. I know they really don’t care but a lot of us don’t have a lot of money it’s hard to come up with money to get my computer fixed, and some of us are not programmed to think lawsuit when something goes wrong with items that we purchase. But I guess the big lawyers figure hey you should be glad your getting anything, you wouldn’t if it wasn’t for us right! That’s a lot of peoples problems now a days and it’s getting worse an worse, screw the little guy, were the ones making it happen as long as I get my money I can ease my conscience by telling myself what their getting is better than what they would have got with out me. I hope they don’t sleep well at night and their thoughts haunt them in their dreams.

  • Jean December 26, 2011, 2:37 pm

    My Acer notebook crashed consistently, wouldn’t properly load software, froze, etc. I sent it back to Acer within warranty and they replaced the hard drive so I lost all of my information. Long story short, I received my laptop back 2 days out of warranty — it crashed again! I will never buy an Acer again.

  • Vinnie February 28, 2012, 4:51 pm

    I bought a Acer Desktop in Oct 2011. 2 weeks ago the hard drive died so they sent me another (after fighting with them). I used the recovery disks i made when i got the machine. It worked fine until today. When i turn my machine on, I get a “You may be a victim of software counterfeiting” message. When i try to validate Windows, it says it’s a invalid key. I called Acer, and the tech support could not, or would not give me my product key. They told me to call Microsoft, so i did. A person at Microsoft said that product key goes back to Walmart. Where i bought it. They told me to call Walmart. Walmart said they know nothing about it.
    When you buy a computer that “Includes Windows” you should get the disk just like the old days. I said that to Microsoft and they agreed. This “make your own backup disks and hope for the best” stuff is wrong. It’s false advertising, it’s misleading and bad business. The cutoff date for this class action is sad. Cause apparently this issue goes beyond that date. Or they are installing counterfeit versions. My guess is it’s a multi-user license that has expired. Either way, Acer is a very dirty company that i don’t expect to be around very long.
    If anyone else is having this issue, please contact me. I have the time and energy to go after Acer by either having the end date of this class action extended, or bringing a new class action.

  • jean andeersen April 17, 2012, 7:11 pm

    what is happening with the lawsuit…I need the cd Please advise.

    • Mark March 11, 2014, 5:26 pm

      Did you ever get the cd? Or hear anything from anyone about the lawsuit?

  • Mark March 11, 2014, 5:25 pm

    Yeah what ever happened to the suit? I am just finding out that it is over, I have not heard anything from Acer. I put in for the 50 bucks and still have not seen nor heard anything from Acer. Well I guess I’m going to find out how to contact them and tell them how big of a piece of shit company they are.
    Before the class action I ordered the disc and it didn’t work. I got to talk to Henry over in India. He wanted another 100 bucks to help me with the computer and getting the disc working. I said forget it and took it in and changed the operating system. Acer is a crock of shit….

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