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The case is Devi Khoday, et al. v. Symantec Corp. and Digital River, Inc., case No. 11-cv-00180, U.S. District court, District of Minnesota.
Symantec Must Face Norton Antivirus Class Action
By Mike Holter
A federal judge has ruled that Symantec must face a class action lawsuit after finding there is sufficient evidence showing that Symantec misled consumers about its Norton Antivirus program.
The class action lawsuit accuses Symantec and Digital River, Inc., the former operator of Symantec’s e-commerce platform, of tricking consumers into buying “Norton Download Insurance,” an add-on service that purportedly gave users the ability to re-download the Antivirus software for a year.
The problem, the class action lawsuit claims, is that the $5.99 to $10.99 “service” was already available to anyone who had bought the program. As such, Symantec “intentionally led customers to believe that they needed to purchase the Download Product to re-download their software beyond 60 days through pop-up descriptions or advertisements, scripted sales communications,” and through automatically adding the Norton Download Insurance program to their virtual shopping carts.
The Norton Download Insurance class action lawsuit alleges violations of the Consumers Legal Remedies Act (CLRA), unfair competition, consumer fraud and unjust enrichment.
Symantec and Digital River sought to dismiss the class action lawsuit, but U.S. District Judge John Tunheim denied their motion, except to dismiss the claims for declaratory judgment “because Plaintiffs have alleged more appropriate remedies.”
As for the other claims, “Plaintiffs have sufficiently alleged that Defendants misled consumers by providing deceptive information,” Judge Tunheim wrote.
Updated March 14th, 2012
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