Judge Certifies Commence Software Class Action Lawsuit
By Mike Holter
A federal judge last week certified a nationwide class action lawsuit accusing Commence Corp. of selling defective CRM software containing a “time bomb” that caused the software to fail in March 2006.
Plaintiffs allege in the Commence class action lawsuit that the company intentionally placed a defective computer code into the software so that on March 20, 2006, all users of the software would be forced to buy a software fix or upgrade their software to resume normal functioning.
Commence denies the allegations and asserts that the defect was simply a mistake the company made. Commence argued that the code that caused the problem should not be considered a “time bomb,” but rather an algorithm that stopped working on that date because it was designed to only assign values that could be synchronized for 4,096 days after January 1, 1995.
U.S. District Judge Joseph E. Irenas granted class certification to a nationwide group all networked users of Commence software who suffered damages when the software stopped working on March 20, 2006. The class includes approximately 2,100 individuals in every state, except Wyoming; Washington, D.C. and Puerto Rico.
The Commence Software Class Action Lawsuit case is Kalow & Springut LLP v. Commence Corp., Case No. 07-cv-03442, in the U.S. District Court for the District of New Jersey.
The plaintiffs are represented by Peter S. Pearlman of Cohn Lifland Pearlman Herrmann & Knopf LLP and Marvin A. Miller and Matthew E. Van Tine of Miller Law LLC.
Updated December 13th, 2012
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