On March 30, 2007, the firm on behalf of plaintiff Dianne Kelley filed a lawsuit in the United States District Court (Seattle) against Microsoft, seeking certification for a nationwide class of certain consumers, on account of Microsoft’s deceptive and unfair conduct in the marketing and selling of its new operating system Vista.  In sum, the class action lawsuit alleges that Microsoft violated consumer protection and other laws by marketing PCs as “Windows Vista Capable” (supposedly upgradable to Vista when it later launched) despite the fact that consumers could upgrade only to “Vista Home Basic”—a stripped-down operating system lacking the functionality and features that Microsoft advertised as “Vista” and which has been described as “the most pointless edition of Windows that Microsoft has ever released.”

Click here to review a copy of the Second Amended Class Action Complaint.

The class action seeks to represent all persons and entities residing in the United States who purchased a personal computer sold as “Windows Vista Capable” and not also bearing the “Premium Ready” designation, and/or all persons and entities residing in the United States who purchased a “Premium Ready” PC with an “Express Upgrade” to Home Basic.

For more information, or if you believe that you may be a member of the putative class or were affected by these practices, please send an email to classaction@gordontilden.com.