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Acer Computer Class Action Settlement

By Kimberly Mirando


Acer AmericaAcer 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 recover 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 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 Details on how to file a valid claim form can be found in our Open Lawsuit Settlements section.


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Updated November 15th, 2011


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Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.



  • Anonymous November 23, 2011

    We have 3 acer laptops that had numerous problems

  • Anonymous November 30, 2011

    have acer notebook aspire. crashes all the time, many problems.

  • Anonymous December 1, 2011

    I wish they would include their Gateway laptop line

  • Anonymous December 1, 2011

    The Acer laptop crashes weekly, I had purchased a iPad from Apple to use rather than messing with the chronic crashing of the Acer laptop. I just don’t touch the laptop and everything is fine.

  • Anonymous December 1, 2011

    I have an e machine and when it crashed 2 years ago I had to pay $24.95 for a recovery disc which did work and restored my complete programs. A few months ago It crASHED AGAIN AND i HAD MOVED AND COULD NOT LOCATE MY RECOVERY DISC, SO AGAIN paid $24.95 for an new recovery disk which came from acer and did not have all of my origional programs, and keep coming up with errors and high use warnings.

  • Anonymous January 10, 2012

    It’s unbelievable these computer companies force-obsoleting their products so quickly and offering only short-term “warranty” support. There should be a law or class action lawsuit against companies abandoning their products so quickly. Acer won’t even take a call unless (1) the computer is under “warranty” and (2) there’s a serial number on the bottom. What if the serial number is worn off. Had to reinstall Vista and now it won’t update. They definitely get their money; these companies should be held accountable.

  • Anonymous February 1, 2012

    I sent in for the recovery disc after I received the form. I am still waiting after a couple months. when is it supoose to arrive? I also have a larger hard drive i want to install on my acer laptop. Where will i get the vista OS?

  • Anonymous February 11, 2012

    I sent all of my info for two recovery discs two months ago and am wondering what’s going on.

    Please send the discs or I will assume this is a scam to get some of my info for other reasons.

  • Anonymous May 23, 2012

    Never received the discs. Still waiting and waiting ….

  • Anonymous June 6, 2012

    i wish they get head out butt i fill out paper 4 discs and waiting and waiting did not acer sell paper weight lol

  • Anonymous July 2, 2012

    STILL have not received the discs!

  • Anonymous August 9, 2012

    I purchased 5 acer laptops from radio shack in September 2008 and by may of 2009 they all stopped working .. The batter died and radio shack and acer refused to honor the warranty agreement that I purchased when I both all 5 laptop.

  • Anonymous September 17, 2012

    Still waiting fro my promised Acer recovery disk

  • Anonymous September 19, 2012

    Posted this in July – STILL have not received the discs!

    Now it’s September, and still have not received discs!!

  • Anonymous September 23, 2012

    September 23, 2012 and still waiting for discs.

  • Anonymous November 6, 2012

    I’m still waiting for disc now it November 2012

  • Anonymous December 7, 2012

    Still waiting for the disc and it is December… Makes we wonder…

  • janet January 8, 2013

    Received disk today—problem is my computer doesn’t use disks. I paid $10 for the flash drive version–not the “free” disk! Sent my check along with paperwork back in March…they finally cashed the check in November! Who the heck do I contact to get this fixed?

  • Melissa January 11, 2013

    Got my disc today but no instructions and none that I have tried to follow online are working. I’m very frustrated with this entire mess.

  • M Hill January 17, 2013

    I have been waiting for the restore disk for about 5 years as I need to restore my computer because of all the errors. I finally received the disk but NO other information. No instructions nor anyone to contact. Hard to believe what these conpanies have gone to. Get your money and too bad. I want to make sure the applications that were on my computer on on this restore disk. Anyone have any idea who we can contact for help?

  • kraz February 5, 2013

    got same issue.aspire 5532,but when i took it apart i found 1. a memory chip mis-seated. 2. the wire strip from battery leads fits loosely in mount.3.Screen flashed when moving laptop. 4.died when installing atheros driver from acer site-cpu went nuts.wud not shutdown.I hope they get plenty of egg on their faces.

  • joeld.ny February 15, 2013

    when i was contacted about the class action i had already been on my 5th re instal of windows on my aspire. i was lucky enough to have a win vista os that came with the wife laptop to use. but if it wasn’t for that i would have been assed out the first time around as the lovely back up copy for recovery and reinstall that was on the hidden partition was corrupt and un usable and the replacement plan i purchased threw walmart did not cover it. their wording was the replacement plan only covers the physical components not the programing and if i wanted it fixed i would have to take it to a repair shop or purchase a win vista disc.

    i was livid and contacted acer and got the run around. they told me it wasn’t covered under their limited warranty even though i cited the section of the warranty it was covered by and the fact i had only purchased it 45 days prior at that time. they offered to sell me a recovery disc at a cost with shipping that was just 10 dollars shy of win vista premium. they also said to bring it back to walmart and have them swap it out which i did try and the store manger even said no as it was past the 30 days and it had been opened and used and no longer covered under their returns and exchange policy.

    i did finally receive my disc from this settlement though which i might add dis not come till almost 2 years after being contacted and me submitting the proper info and proof. but when i did receive it i had by then reinstalled the win vista os 27 times in the 4 year life span i had the laptop for repaired countless loose solder points due to the improper ventilation acer laptops lack even when using a beefed up cooling pad to the point it was beyond repairing any longer as to many parts over heated and caused it to short out certain components.

    i honestly think all manufactures of laptops should provide a os disc when you purchase a laptop they make and if they don’t the retailers such as walmart, best buy, target and so forth know these laptops that they are selling do not have a actual disc should provide the customer with the exact OS installation disc or at least a serial key that is valid for the os version that is preinstalled. as we just learned almost all laptops regardless of manufacture with win 8 preinstalled dose not come with an win 8 os disc nor any wheres in any of the documentation or on the laptop body have the serial key and if you want that windows makes you pay $99 for one so you can even add windows features that any one else can if their system came with the disc or at least a valid serial key.

    • robert david savage October 17, 2014


  • Julia Bishea March 8, 2013

    Finally got my “Recovery” Disk from the settlement…WHAT A JOKE! It didn’t work. AT ALL. It didn’t even detect Windows 7 Home edition as an OS on this crappy “paperweight” of a laptop. I bought this thing almost two years ago. I was able to use it maybe 6 times. Now what???? Why didn’t they send us all install discs of Windows 7? I paid fopr a laptop that has WINDOWS 7 on it, not to be bought separately!!!!!

  • cynthia Stanley September 8, 2013

    filed for two acer lap tops one having windows home and the other having windows vista after months of waiting on the rescue disk I only received one for the windows home which had completely failed by this time. never received the other disc…What a joke I will never buy another ACER

  • Mark September 28, 2013

    I too entered this class action lawsuit. I filled out all paperwork and opted for the 50 bucks. I was sent a letter by acer to update my information. To this date Sept 28 2013 I have yet to see or receive the 5 bucks. I had changed operating systems before the lawsuit information was sent to me. Has anyone involved in this class action seen anything from acer? I will NEVER purchase an acer computer again.

  • Rodney October 7, 2013

    We filled out the paper work for reimbursement to correct their low memory and have still heard nothing. I believe they had a court date Oct 4th 2013, but cannot find any new news.

  • sue bradford November 26, 2013

    I have ancer “aspire”. 2115689902646 lx ebrox 002 I belive my computer was part of this action.

  • Michele Haro February 21, 2014

    I sent my form in with ALL DOCUMENTATION and NEVER HEARD BACK!! I still have copies of it, dated November 28, 2011. So what happened to my claim???????????? Did these people take names and keep the money????? I am posting this on February 22, 2014.

  • Hal February 25, 2014

    I received 2 disc’s, 64 bit and 32 bit. I tried to use these discs but unable to “reboot”. I typed in the acer recover to try to get help but no luck. Any suggestions other to purchase a new computer?

  • Kelly April 9, 2014

    I bought two Acer laptops prior to this class action suit and within 30 days I had to send them both in because they were messed up. I even called Acer and did exactly what they told me to do, which deliberately crashed one of my computers, then I had to send it back and pay for repairs! Jerks. I submitted two separate claim forms, one for each computer, and never heard a word. Go figure, I guess. Has anyone else received anything from Acer? What a crap company. I wouldn’t use another Acer computer if they knocked on my door and gave me a truckload for free with a million dollar bonus.

  • susana lacayo July 12, 2014

    I bought a ACER Aspire Laptop from Staples in November 2011. The hardware could not book on June 2012 and I sent to have it repair at ACER USA and I had to spend $125.00 since I even had to buy a new book and special size bubbles indicated in a 3 pages e-mail that I received from ACER and I still have in my possession. To this date, I have not receive a penny from anyone. I lost all my data the Acer stop working in 2013 and I will never buy any other ACER PRODUCT IN MY LIFE. I submitted claim froms and I still have not heard a word from anyone in writing. I hope that ACER gets peoople what they deserve and to stop selling defective products with the consent of the US government. I have no idea how the company is still operating and selling computers with so many dissastisfed and honest customers.

  • fredb58 September 23, 2014

    (Tuesday, 23 September 2014)….. I took GOOD care of my ACER laptop and was careful of virus, Trojans, etc and it lasted beyond the “deadline” created by the class-action suit. THEN I encountered what so many others had found years ago – when the so-called repair/restore program hidden on the hard drive DID NOT WORK. No one can tell me I am not owner of a legal copy of Windows 7 – even if I did buy it years ago. I do not have a image backup of the ACER laptop as I do with my desk computer. The laptop just “failed” a few days ago and I turned to the www to find install/recovery CDs and found out about the lawsuit. I sent the form for the “repair/recovery” CDs but expect nothing to come of it because I just read about the deadline tonight.. It SUCKS – NEVER BY A COMPUTER WITHOUT SYSTEM INSTALL DISKS… What a rip-off that was. Should have screamed bloody murder and returned the laptop for full refund.

  • robert david savage October 17, 2014

    PURCHASED A LAPTOP LAST YR 6/2013 GLASS SHATTERRED BEST BUY TECH SAID LET ME GUESS HSN ? yeah I kind of through it at my bed he said and that caused the damage; no I said I was aiming at the HSN SHOW AND NAILED THE HEADBOARD 90 DAY

  • robert david savage October 17, 2014

    I donot think ACER or HSN will be sending me a Birthday card nextweek Big 55 and I got a grand that says I will out live the ACER CO.

  • Pissed Off December 8, 2014

    Piece of SHIT, Shady fucking worthless laptop.

  • Dave February 11, 2015

    I too entered this class action lawsuit. I filled out all paperwork and its 2/11/20015 and haven’t got shitt what a joke. looks like the only one who got money was the law office

  • Kaydawg June 25, 2015

    I also still waiting for os disks. they keep sending me to talk to ms and will even transfer to them right away. what a joke!

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