Sarah Mirando  |  November 15, 2011

Category: Legal News

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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 www.AcerRecoverySettlement.com. 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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38 thoughts onAcer Computer Class Action Settlement

  1. lisa taylor says:

    i would also like to file class action my address is 612 elm street yreka ca. 96097 thankyou

  2. Kaydawg says:

    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!

  3. Dave says:

    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

  4. robert david savage says:

    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.

  5. robert david savage says:

    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

  6. fredb58 says:

    (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.

  7. susana lacayo says:

    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.

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