Acer Vista Notebook Class Action Lawsuit

On March 25, 2009, Pearson, Simon, Warshaw & Penny, 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 & Penny, 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.  

Pearson, Simon, Warshaw & Penny, LLP continues to prosecute these claim and if you have any questions or comments about the allegation that the Acer notebooks have inadequate memory, feel free to contact us.