On July 13, 2007, the firm, together with Keller Rohrback LLP, filed a second amended class action complaint in the United States District Court (Seattle) in a lawsuit against Microsoft seeking certification of 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 plaintiffs and all class members paid for Vista capability, but did not receive it.  More specifically, the lawsuit alleges that Microsoft violated consumer protection and other laws through its marketing of PCs sold as “Windows Vista Capable” (supposedly upgradeable to “Vista” when it later launched) despite the fact that consumers could upgrade only to “Vista Home Basic”, an operating system Microsoft itself knew was not “Vista.” 

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

On February 22, 2008, the Court entered an order certifying a nationwide class action against Microsoft regarding sales of “Vista-capable” PCs.  United States District Judge Marsha J. Pechman’s class certification order states:

Plaintiffs argue that “Microsoft’s unfair and deceptive conduct regarding ‘Vista’ capability—conduct common to all claims—also created artificial demand, at artificially maintained prices, for PCs that were not truly ‘Vista capable’ and thus, were rendered less valuable or obsolete upon the release of Vista.”  Consumers paid for Vista capability (i.e., the computers were priced higher because of their Vista capability), but allegedly did not receive “real” Vista capability.

The Court certified a nationwide class of consumers that includes:

All persons and entities residing in the United States who purchased a personal computer certified by Microsoft as “Windows Vista Capable” and not also bearing the “Premium Ready” designation.

 
The Court also concluded that a subgroup of Vista-capable PC purchasers eligible for Microsoft’s specific Express Upgrade promotion also could be included as part of the class action if such a plaintiff is added by March 24, 2008:

[T]he Court may create a subclass of members who, in addition to purchasing a PC marked with the “Windows Vista Capable” sticker, also enrolled in the “Express Upgrade” program, as long as one of the named plaintiffs participated in the “Express Upgrade” program.  The Court grants Plaintiffs leave to amend their complaint to add a named plaintiff who participated in the “Express Upgrade” program.  If no such plaintiff is added within thirty (30) days of this order, Plaintiffs’ claims based on the “Express Upgrade” program shall be dismissed.

Click here to review a copy of the Order Granting Plaintiffs’ Motion for Class Certification and Granting Plaintiffs’ Motion for Application of Washington Law.

For more information, or if you believe that you are a member of the class or the putative Express Upgrade subclass, please fill out the form located here or send an email to classaction@gordontilden.com.