Sarah Mirando  |  November 15, 2011

Category: Legal News

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Acer Computer Class Action Settlement

By Kimberly Mirando

 

Acer AmericaAcer America has reached a class action lawsuit settlement over allegations it knowingly installed a lesser-equipped version of Microsoft Windows without full recovery options. As a result, anyone who purchased an Acer computer within the past six years can file a claim to receive free software, hardware, service and/or cash refunds from the Acer computer class action settlement.
 
The Acer settlement will resolve a class action lawsuit, entitled Embry v. Acer America Corporation, that alleges Acer marketed its computers as including a specified version of Windows, but that Acer’s version of Windows did not contain all the features and functions of the retail version, including recovery options.
 
The Acer computer class action lawsuit also alleges Acer did not provide any system or recover CDs in the box. As a result, if the hard drive failed, and the preinstalled version of Windows became inaccessible, users would lose all their data.
 
Acer denies any wrongdoing, but has agreed to a class action lawsuit settlement to avoid ongoing litigation.
 
Class Members of the Acer computer settlement include anyone who purchased an Acer computer in the U.S. between March 24, 2005 and May 1, 2011, excluding government entities, resale purchasers and Acer employees.
 
Class Members can select one of three sets of benefits from the Acer class action settlement:
 
(1) Obtain a free CD-rom, designed for their particular Windows operating system, that contains all the Windows recovery features that are allegedly inaccessible from the Acer eRecovery disks (estimated value $20). If Class Members replaced their hard drives and were unable to recover their operating system to the new drive, thy can also send their computers to Acer, which will reinstall the OS on the new drive for free (estimated value $99).
 
(2) Obtain a free 8GB USB drive, 720HD webcam, or mini optical mouse, if they were previously affected by the types of problems at issue in the case (estimated value between $11 and $16).  
 
(3) Obtain reimbursement of money they spent to repair their computers due to a recovery issue, up to $50.
 
To claim any of these settlement benefits, you must submit a claim form to the Settlement Administrator no later than March 14, 2012, or 30 days after the Court grants Final Approval of the settlement, whichever is later.
 
Claim forms can be downloaded online at www.AcerRecoverySettlement.com. Details on how to file a valid claim form can be found in our Open Lawsuit Settlements section.

 

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Updated November 15th, 2011

 

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38 thoughts onAcer Computer Class Action Settlement

  1. Kelly says:

    I bought two Acer laptops prior to this class action suit and within 30 days I had to send them both in because they were messed up. I even called Acer and did exactly what they told me to do, which deliberately crashed one of my computers, then I had to send it back and pay for repairs! Jerks. I submitted two separate claim forms, one for each computer, and never heard a word. Go figure, I guess. Has anyone else received anything from Acer? What a crap company. I wouldn’t use another Acer computer if they knocked on my door and gave me a truckload for free with a million dollar bonus.

  2. Hal says:

    I received 2 disc’s, 64 bit and 32 bit. I tried to use these discs but unable to “reboot”. I typed in the acer recover to try to get help but no luck. Any suggestions other to purchase a new computer?

  3. Michele Haro says:

    I sent my form in with ALL DOCUMENTATION and NEVER HEARD BACK!! I still have copies of it, dated November 28, 2011. So what happened to my claim???????????? Did these people take names and keep the money????? I am posting this on February 22, 2014.

  4. sue bradford says:

    I have ancer “aspire”. 2115689902646 lx ebrox 002 I belive my computer was part of this action.

  5. Rodney says:

    We filled out the paper work for reimbursement to correct their low memory and have still heard nothing. I believe they had a court date Oct 4th 2013, but cannot find any new news.

  6. Mark says:

    I too entered this class action lawsuit. I filled out all paperwork and opted for the 50 bucks. I was sent a letter by acer to update my information. To this date Sept 28 2013 I have yet to see or receive the 5 bucks. I had changed operating systems before the lawsuit information was sent to me. Has anyone involved in this class action seen anything from acer? I will NEVER purchase an acer computer again.

  7. cynthia Stanley says:

    filed for two acer lap tops one having windows home and the other having windows vista after months of waiting on the rescue disk I only received one for the windows home which had completely failed by this time. never received the other disc…What a joke I will never buy another ACER

  8. Julia Bishea says:

    Finally got my “Recovery” Disk from the settlement…WHAT A JOKE! It didn’t work. AT ALL. It didn’t even detect Windows 7 Home edition as an OS on this crappy “paperweight” of a laptop. I bought this thing almost two years ago. I was able to use it maybe 6 times. Now what???? Why didn’t they send us all install discs of Windows 7? I paid fopr a laptop that has WINDOWS 7 on it, not to be bought separately!!!!!

  9. joeld.ny says:

    when i was contacted about the class action i had already been on my 5th re instal of windows on my aspire. i was lucky enough to have a win vista os that came with the wife laptop to use. but if it wasn’t for that i would have been assed out the first time around as the lovely back up copy for recovery and reinstall that was on the hidden partition was corrupt and un usable and the replacement plan i purchased threw walmart did not cover it. their wording was the replacement plan only covers the physical components not the programing and if i wanted it fixed i would have to take it to a repair shop or purchase a win vista disc.

    i was livid and contacted acer and got the run around. they told me it wasn’t covered under their limited warranty even though i cited the section of the warranty it was covered by and the fact i had only purchased it 45 days prior at that time. they offered to sell me a recovery disc at a cost with shipping that was just 10 dollars shy of win vista premium. they also said to bring it back to walmart and have them swap it out which i did try and the store manger even said no as it was past the 30 days and it had been opened and used and no longer covered under their returns and exchange policy.

    i did finally receive my disc from this settlement though which i might add dis not come till almost 2 years after being contacted and me submitting the proper info and proof. but when i did receive it i had by then reinstalled the win vista os 27 times in the 4 year life span i had the laptop for repaired countless loose solder points due to the improper ventilation acer laptops lack even when using a beefed up cooling pad to the point it was beyond repairing any longer as to many parts over heated and caused it to short out certain components.

    i honestly think all manufactures of laptops should provide a os disc when you purchase a laptop they make and if they don’t the retailers such as walmart, best buy, target and so forth know these laptops that they are selling do not have a actual disc should provide the customer with the exact OS installation disc or at least a serial key that is valid for the os version that is preinstalled. as we just learned almost all laptops regardless of manufacture with win 8 preinstalled dose not come with an win 8 os disc nor any wheres in any of the documentation or on the laptop body have the serial key and if you want that windows makes you pay $99 for one so you can even add windows features that any one else can if their system came with the disc or at least a valid serial key.

    1. robert david savage says:

      MY NEIGHBOR SAYS THAT HIS COUSIN WORKS FOR HSN AND TO THIS DAY THEY GET TRUCK LOADS OF TAWIAN & CHINA DESKTOP & .LAPTOPS AND THEY HAVE THERE OWN TECKS THERE HE THINKS THERE BUILDING THERE OWN COMPUTERS @ HSN I BOUGHT A 858.00 DEKTOP LASTED 4 MONTHS BEST BUY SAID MOTHER BOARDS FRIED I,M STARTING MY OWN LAWSUIT.

  10. kraz says:

    got same issue.aspire 5532,but when i took it apart i found 1. a memory chip mis-seated. 2. the wire strip from battery leads fits loosely in mount.3.Screen flashed when moving laptop. 4.died when installing atheros driver from acer site-cpu went nuts.wud not shutdown.I hope they get plenty of egg on their faces.

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