Certification Sought for HP Custom-Built Laptop Class Action Lawsuit

A class of HP laptop customers filed a motion last week seeking certification for a class action lawsuit over breach of warranty claims against Hewlett-Packard Co. The plaintiffs claim that custom-built HP laptops purchased from the computer company’s online store were unable to use a dual-band wireless card as promised.

Lead plaintiff Nad Karim filed the HP laptop class action lawsuit in Santa Clara County Superior Court in August 2012 after he purchased a custom-built HP Pavilion laptop through the company website. He claims that he added a variety of options to the laptop, including dual-band wireless capability. However, he says that the laptop actually came with an Intel single-band wireless card.

Unlike Wi-Fi equipment that only supports a single band, dual-band wireless cards are able to support connections on both 2.4 GHz and 5 GHz bands. In his class action lawsuit, Karim says he was unable to install a dual-band card because the HP Pavilion laptop was not configured to work with the dual-band wireless card, despite HP’s representations to the contrary.

Karim argues that the company misled consumers by falsely indicating that their custom HP laptops would be capable of communicating on multiple wireless frequencies. His class action lawsuit charges HP with breach of contract, breach of warranty and violation of California law.

Karim’s class action lawsuit seeks to represent customers who purchased the allegedly misrepresented HP laptops from HP’s online “Help Me Decide” feature between Jan. 1, 2010 and July 1, 2011. He brings claims for breach of contract and violation of California’s Consumer Legal Remedies Act, which prohibits companies from misrepresenting goods and services. He seeks restitution and repair of the affected consumers’ HP laptops so that they can be equipped with dual-band wireless cards.

HP moved to dismiss the class action lawsuit, arguing that Karim failed to adequately show that he had relied on the company’s statements when he purchased his laptop. However, U.S. District Judge Phyllis Hamilton rejected their argument in January, finding Karim had sufficiently demonstrated that he relied on HP’s claims. She found that HP’s demands for a more specific claim was “too hypertechnical.”

If the class action lawsuit is certified, the Class Members will pursue warranty claims as a group. Karim will continue to pursue individual claims under the California Consumer Legal Remedies Act.

Karim is represented by Robert M. Bramson and Jenelle Welling of Bramson Plutzik Mahler & Birkhaeuser LLP.

The HP Custom-Built Laptop Class Action Lawsuit is Karim v. Hewlett-Packard Co., Case No. 4:12-cv-05240, in the U.S. District Court for the Northern District of California.

UPDATE: On Jan. 11, 2017, Hewlett-Packard is one step closer to finalizing approval of a class action settlement with a group of California consumers who say they purchased custom-built laptops with defective wireless cards. U.S. District Judge Phyllis J. Hamilton said she would sign off on Hewlett Packard’s deal to issue $25 refunds to customers who purchased the allegedly defective laptops and wireless cards, but is inclined to reject HP’s bid to vacate class certification.