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Acer class action lawsuit overview:
- Who: Plaintiff Stephen Stewart filed a class action lawsuit against Acer.
- Why: Some Acer computers allegedly have a design defect that causes “catastrophic stuttering” and leaves them vulnerable to firmware attacks.
- Where: The Acer class action lawsuit was filed in California federal court.
Some Acer computers have a design defect that leaves them vulnerable to devastating firmware attacks, according to an Acer class action lawsuit filed Aug. 16 in California federal court.
Plaintiff Stephen Stewart alleges Acer computers with AMD Ryzen or Athlon processors with embedded “firmware TPM” (Trusted Platform Module) modules have a design defect that causes the device to stutter while playing videos, video games, and during videoconferencing.
“At the same time, this design defect renders these Acer computers uniquely vulnerable to catastrophic firmware attacks–despite the fact that a TPM is, by its very nature, supposed to defend against such attacks,” the Acer class action lawsuit alleges.
Despite allegedly knowing about this significant design defect, Acer continues to market its AMD laptop and desktop computers as suitable for watching videos, playing video games, and videoconferencing, Stewart says.
Additionally, he says Acer deceptively touts the computers as having “robust” and “multi-layered” security.
Acer class action lawsuit alleges computers are unfit for intended use
Stewart claims he purchased an Acer computer with a defective fTPM design. He says he experienced the intrusive stuttering effect while using the computer. He also alleges his Acer computer is “uniquely vulnerable” to firmware attacks that could potentially compromise his home and business networks.
The Acer class action lawsuit asserts that Stewart and the putative Class Members have purchased Acer computers that are unfit for their intended use. Further, Stewart says the Acer computers’ resale value is “crippled.”
In 2021, Microsoft began requiring TPM for computers to run its Windows 11 operating system in response to a growing number of devastating firmware attacks.
“Faced with a potentially burdensome redesign, Acer turned to AMD, which had created and implemented what was essentially a defeat device for Microsoft’s new TPM requirement,” the Acer class action lawsuit states.
Instead of installing an actual TPM, which is a separate piece of hardware, Acer allegedly relied on the fTPM, which is simply a piece of code that tells the operating system that it is a TPM.
This flawed system has allegedly caused Acer computers to experience “catastrophic stuttering” as well as a significant security vulnerability. Despite receiving numerous complaints about the issue, the Acer class action lawsuit says the company has never issued a recall to fix the issue and continued to misrepresent the computers’ functionality and security.
In 2013, Acer settled a class action lawsuit alleging some of its Notebooks did not contain sufficient memory to operate the Microsoft Windows Vista Premium OS.
If you purchased an Acer or other computer with a faulty AMD or Athlon processor that caused video glitches like stuttering screens or robotic audio, you may be eligible to participate in a lawsuit.
Stewart is represented by Yavar Bathaee, Andrew C. Wolinsky, Brian J. Dunne, and Edward M. Grauman of Bathaee Dunne LLP.
The Acer Class Action Lawsuit is Stephen Stewart v. Acer Inc., et al., Case No. 5:22-cv-04684, in the U.S. District Court for the Northern District of California, San Jose Division.
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