Sarah Mirando  |  January 19, 2012

Category: Closed Class Actions

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Award (how much your claim may be worth): You can receive free software, hardware, service and/or cash refunds from the Acer computer class action settlement.

Class Action Lawsuit Settlement Case(s):  Kevin Embry v. Acer America Corporation, Case No. 09-cv-1808, U.S. District Court, Northern District of California, San Jose Division.

Company(ies): ACER AMERICA CORPORATION

Acer

Website of the Class Action Lawsuit Settlement Administrator (FILE YOUR CLAIM HERE):  www.AcerRecoverySettlement.com 

Address to submit a claim form (REQUIRED):

To receive benefits from the Acer computer class action lawsuit settlement, you must submit a claim form to the following address no later than March 14, 2012, or 30 days after the Court grants Final Approval of the settlement, whichever is later:
Claims Administrator
P.O. Box 2639
Faribault, MN 55021-9639

Claim forms can be downloaded online at www.AcerRecoverySettlement.com

Phone Number to call for assistance: (415) 735-6469

Details: Acer America has reached a class action lawsuit settlement over allegations it knowingly installed a lesser-equipped version of Microsoft Windows without full recovery options. As a result, anyone who purchased an Acer computer within the past six years can file a claim to receive free software, hardware, service and/or cash refunds from the Acer computer class action settlement.

The Acer settlement will resolve a class action lawsuit, entitled Embry v. Acer America Corporation, that alleges Acer marketed its computers as including a specified version of Windows, but that Acer’s version of Windows did not contain all the features and functions of the retail version, including recovery options.

The Acer computer class action lawsuit also alleges Acer did not provide any system or recovery CDs in the box. As a result, if the hard drive failed, and the preinstalled version of Windows became inaccessible, users would lose all their data.

Acer denies any wrongdoing, but has agreed to a class action lawsuit settlement to avoid ongoing litigation.

Class Members of the Acer computer class action settlement include anyone who purchased an Acer computer in the U.S. between March 24, 2005 and May 1, 2011, excluding government entities, resale purchasers and Acer employees.

Class Members can select one of three sets of benefits from the Acer class action settlement:

(1) Obtain a free CD-rom, designed for their particular Windows operating system, that contains all the Windows recovery features that are allegedly inaccessible from the Acer eRecovery disks (estimated value $20). If Class Members replaced their hard drives and were unable to recover their operating system to the new drive, thy can also send their computers to Acer, which will reinstall the OS on the new drive for free (estimated value $99).

(2) Obtain a free 8GB USB drive, 720HD webcam, or mini optical mouse, if they were previously affected by the types of problems at issue in the case (estimated value between $11 and $16).

(3) Obtain reimbursement of money they spent to repair their computers due to a recovery issue, up to $50.

To claim any of these settlement benefits, you must submit a claim form to the Settlement Administrator no later than March 14, 2012, or 30 days after the Court grants Final Approval of the settlement, whichever is later.

Claim forms can be downloaded online at www.AcerRecoverySettlement.com.

Purchased or Leased From:  Between March 24, 2005 and May 1, 2011

Claims must be postmarked by: 3/14/12 (estimated)

MORE DETAILS BELOW!

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Settlement Administrator(s): Rust Consulting, Inc.

Class Counsel:

Gutride Safier LLP

Defense Counsel:

Quinn Emanuel Urquhart & Sullivan LLP


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7 thoughts onAcer Computer Class Action Lawsuit Settlement

  1. Mary Finch says:

    I am still waiting for OS disc. I call Acer business line very very often! With no way to re-install the OS. I would like to resolve this so I can give this unsupported laptop to a needy child. How do I receive my OS that I purchased? HELP!!!

  2. Rose Pell says:

    So what are we going to do about it? Sit and let Acer get away with it?

  3. Rose Pell says:

    Last year I purchased a refurbished Acer A100 tablet at EBAY Acer online store. The 90 day warranty has long expired. The unit has stopped charging. I replaced the wall charger, reset and cleared everything of tablet. Called customer care at Corporate office only to be told that there is nothing they can do. I called the Acer online Ebay store at 8772706866 and person hung up. After many tries calling back I gave up. I called the Company which holds the warranty 18773306820. Lady was nice but could not help. I did some research on line. I goggled: Acer a100 tablet is not charging. It directed me to this website:
    http://community.acer.com/t5/Tablets/Problems-with-charging-my-Acer-a100-tab/td-p/8403
    http://www.androidtablets.net/forum/acer-iconia-a100/47838-a100-refuses-charge-battery.html
    Apparently there are quite a few unhappy Acer customers with same problem. Forwarded the web site to Secondipity (other name for Acer Ebay online store). I received a phone call and email from Customer Support Lead Liquidity Services, Inc. (LQDT) PHN: 972-769-5202 EML: Jermeece.cash@liquidation.com SKYPE: Jermeece.cash http://www.secondipity.com
    The email I received is: Thank you for contacting me about the matter again. I did speak to management about the matter. They advised that we can’t address the issue of the item that you purchased. But we could offer a discount on a future purchase in case you wanted to replace the item. It doesn’t have to be the same modeled unit. It could be a laptop. Please let me know.

    After extensive research with knowledgeable people I was advised that the Acer Iconia Tab A100 Tablet’s “AC DC Power Jack Plug Socket Cable Harness needs to be replaced”. Or possible the mother board defect. Apparently the part itself is not expensive but the labor is. I was also told that this is most likely a manufacturer default for which was the cause of the refurbishing. No one wants to take responsibility. I filed a complaint with Better Business Bureau.

  4. Rose Pell says:

    Last year I purchased a refurbished Acer A100 tablet at EBAY Acer online store. The 90 day warranty has long expired. The unit has stopped charging. I replaced the wall charger, reset and cleared everything of tablet. Called customer care at Corporate office only to be told that there is nothing they can do. I called the Acer online Ebay store at 8772706866 and person hung up. After many tries calling back I gave up. I called the Company which holds the warranty 18773306820. Lady was nice but could not help. I did some research on line. I goggled: Acer a100 tablet is not charging. It directed me to this website:
    http://community.acer.com/t5/Tablets/Problems-with-charging-my-Acer-a100-tab/td-p/8403
    http://www.androidtablets.net/forum/acer-iconia-a100/47838-a100-refuses-charge-battery.html
    Apparently there are quite a few unhappy Acer customers with same problem. Forwarded the web site to Secondipity (other name for Acer Ebay online store). I received a phone call and email from Customer Support Lead Liquidity Services, Inc. (LQDT) PHN: 972-769-5202 EML: Jermeece.cash@liquidation.com SKYPE: Jermeece.cash http://www.secondipity.com
    The email I received is: Thank you for contacting me about the matter again. I did speak to management about the matter. They advised that we can’t address the issue of the item that you purchased. But we could offer a discount on a future purchase in case you wanted to replace the item. It doesn’t have to be the same modeled unit. It could be a laptop. Please let me know.

    After extensive research with knowledgeable people I was advised that the Acer Iconia Tab A100 Tablet’s “AC DC Power Jack Plug Socket Cable Harness needs to be replaced”. Or possible the mother board defect. Apparently the part itself is not expensive but the labor is. I was also told that this is most likely a manufacturer default for which was the cause of the refurbishing. No one wants to take responsibility. I filed a complaint with Better Business Bureau.

  5. R. Leach says:

    I have the same issue. Acer A100 tablet 1yr 3mths old and will not boot. I can’t access the tablet with fastboot to fix it either because Acer has locked the bootloader. Acer needs to step up and take care of this issue and their customers. Looked on line and see hundreds of people with the same issue. Acer refuses to admit there is an issue. Maybe another class action law suite will open their eyes.

  6. Caleb Jamison says:

    I’m gonna have to agree with Brian, I have an A100 tablet that died just out of warranty, and it has the bad motherboard that acer admittedly knows about. I think something should be done about the way they are screwing us consumers over.

  7. Brian Enright says:

    anything pending on the acer a500 tablet, A little bit over the warranty, we bought it 8-7-11, and frozen. The net is filled with unhappy purchaser’s, no phone support, no chat support, and no email support. Sorry a tad over a warranty, and it is dead, maybe time for another lawsuit! Sorry but the boycott doesn’t cut it for those of use that are stuck with the tablet.

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