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Acer battery class action overview:
- Who: An Acer laptop owner is suing the electronics company.
- Why: The plaintiff says the laptops’ batteries do not hold their charge.
- Where: The Acer battery class action lawsuit was filed in an Alabama federal court.
Acer makes laptops that come with lithium-ion batteries that prematurely fail, a new class action lawsuit alleges.
Plaintiff Carnelius McCall filed the class action lawsuit against Acer America Corporation Oct. 31 in an Alabama federal court, alleging violations of state and federal warranty laws.
According to the lawsuit, Acer makes and sells the Spin 1 Series of laptop computers under the Acer brand with lithium-ion batteries.
A laptop user expects its battery to adequately function for the lifespan of the laptop, and not suffer rapid degradation and failure, McCall says.
However, lithium-ion battery defects include premature failure, high electrical current drain rate, swelling and overheating, which are not always attributed to normal degradation, the lawsuit alleges.
Also, Acer fails to utilize available testing procedures to focus on possible issues lithium-ion batteries may have.
As a result, Acer users have a “greater chance of buying laptops with battery performance issues, unconnected to their usage patterns,” McCall states.
Acer laptops are falsely advertised because of battery defect, lawsuit alleges
McCall bought an Acer laptop in May 2020. However, the battery in the laptop suffered premature failure and degradation after only several months of normal usage, she says.
The battery quickly became “incapable of obtaining and maintaining its charge for any reasonable period of time, preventing and limiting her ability to use it,” the lawsuit alleges.
As a result, McCall is looking to represent a class of Alabama consumers who bought one of the affected Acer laptops, plus a consumer fraud multi-state class of consumers from Louisiana, Mississippi, Arkansas, West Virginia, and Oklahoma.
She is suing under state consumer laws, and for breach of warranty, negligent misrepresentation, fraud and unjust enrichment.
McCall is seeking certification of the class action, damages, fees, costs and a jury trial.
Meanwhile, HP Inc. has been hit with a class action lawsuit alleging it represents that its laptops will function reliably for a reasonable period of time but fails to disclose that they contain defective lithium batteries that affect the battery life.
Have you bought an Acer computer? Let us know your experience with the battery in the comments!
McCall is represented by Richard Frankowski of The Frankowski Firm and Spencer Sheehan of Sheehan & Associates, P.C.
The Acer battery class action lawsuit is Carnelius McCall v. Acer America Corporation, Case No. 2:22-cv-01390-JHE in the U.S. District Court for the Northern District of Alabama.
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14 thoughts onAcer class action claims company sells laptops with battery defects
I have an Acer Swift 3 14-inch. battery just died, and I asked Acer for a battery replacement, but they are asking me for $580. I could buy a new laptop and keep some changes.
add ne i bought two acer chromebooks from wallmart the last one in jan 2023 it was supposed to be new it ndid not last 6 months. when i sent it back for repair acer refosed to honor the warranty because fedex damaged it in shipment. frdex claims they paid acer for the claim. i am still paying for he useless piece of junk
Please add me – my Acer ConceptD CN715-71 battery no longer takes a charge