Acer Vista Notebook Class Action Lawsuit

ACER CLASS ACTION SETTLEMENT UPDATE:
The parties have reached a class settlement of this case.  On April 11, 2013, the court granted preliminary approval of the class action settlement.  To obtain information about the terms of the Acer class action settlement, how to make a claim, or contact the settlement administrator, please visit the case website, http://www.acerlawsuit.com/.

If you would like to discuss the Acer class action settlement with Pearson, Simon & Warshaw, LLP, feel free to contact us.

SUMMARY OF CASE:
On March 25, 2009, Pearson, Simon & Warshaw, LLP with co-counsel filed a class action complaint against Acer America Corporation alleging that Acer notebook computers were supplied with 1 gigabyte of shared Random Access Memory ("RAM"). Acer devoted 256 megabytes of RAM to the graphics processor. However, the complaint alleges that the Microsoft requires 1 gigabyte of RAM devoted to running the system and that Acer failed to disclose this requirement to consumers who purchased the applicable notebooks.

On September 14, 2009, the Court denied Acer's Motion to Dismiss, in part.  A copy of the Class Action Complaint is available for download. Pearson, Simon & Warshaw, LLP, has continued to prosecute the case and on March 25, 2011, the Court certified the case on behalf of a nationwide class of individuals that own the applicable computers.  A copy of the Order on Class Certification is available for download. 

On April 8, 2011, Acer filed a petition in the United States Court of Appeals for the Ninth Circuit challenging the District Court's Order granting class certification.  After Peason, Simon, Warshaw & Penny, LLP and co-counsel briefed the issue, the Ninth Circuit denied Acer's petition.