ASUS Class Action Says Laptops Don’t Transfer Data Fast Enough

A class action lawsuit recently removed to federal court claims that ASUS Computer International misrepresents the speed at which the company’s laptop computers can transfer data.

Plaintiff Edward Brekhus alleges that the company advertises its USB 3.0 laptops as being able to transfer data at a rate of 5 gigabits per second, but in reality, only can transfer data at around 2.16 gigabits per second, around half the advertised speed.

Brekhus goes on to argue that the USB ports on the laptops are not really USB 3.0 ports, as advertised. Allegedly, the fact that the laptops cannot transfer data at a rate of 5 gigabits per second disqualifies them from being considered USB 3.0 laptops.

According to the ASUS laptop speed class action lawsuit, Brekhus purchased an X Series laptop with a USB 3.0 port made by ASUS on Nov. 29, 2015. He says that he conducted research into various laptops before making his purchase, and specifically chose the laptop for its inclusion of a USB 3.0 port.

The ASUS laptop class action states that Brekhus viewed advertisements for the laptop on ASUS’ website, which advertised that the X Series laptops were equipped with USB 3.0 ports, which were capable of transferring data 10 times faster than USB 2.0 ports. Allegedly, the website advertised that the Series X laptops were equipped with two USB 3.0 ports.

In the laptop data transfer speed class action lawsuit, Brekhus says he did not discover that the laptop could not transfer data at the advertised speeds until after he had made his purchase.

To support the argument that the ASUS laptops do not transfer data at the advertised speeds, Brekhus’ notes that a test performed by an investigator revealed that the data transfer rate for another Series X laptop was at best only 2,160 megabits, or 2.16 gigabits per second — around 43 percent as fast as the advertised 5 gigabit per second speed.

Allegedly, this test was conducted on the laptop as it existed after being taken out of the box, and no other applications were running on the laptop when the tests were performed, which could possibly slow down the speed.

Brekhus says that had he known that the data transfer speeds of the laptop were not as fast as advertised, he would not have paid as much as he did for his X Series laptop, or would not have purchased it at all. Based on this, Brekhus asserts that he was financially injured by what he argues was a misrepresentation on the part of ASUS Computer International.

Allegedly, the plaintiff sustained an out-of-pocket loss, at a minimum between the difference in price between an X Series with the USB 3.0 specification and one with a USB 2.0 specification.

He argues that ASUS knew or should have known that their laptops did not perform as advertised but released them onto the market nonetheless.

Brekhus is represented by Seth A. Safier and Todd Kennedy of Gutride Safier LLP.

The ASUS Laptop USB Speed Class Action Lawsuit is Edward Brekhus v. ASUS Computer International, Case No. 3:19-cv-02304-JCS, in the U.S. District Court for the Northern District of California.

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