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ki4jgt
November 12th, 2011, 10:08 AM
I feel absolutely dumb filing for this, as I no longer have Windows, (I never really did) but I still thought this was kind of interesting. I fall in group A and B. I literally had to call them and get to the point of threatening before they would even send me a recovery CD. (No CD drive). It's one of the reasons I moved to Ubuntu. I sort of see how I would be entitled to an explanation, but at the same time. I no longer use windows and couldn't be happier.

You are receiving this notice because, according to our records, you purchased an Acer AOA150 computer, bearing serial number (removed for privacy)

If you purchased an Acer computer in the United States between March 24, 2005 and May 1, 2011, read this notice.

You may be affected by a class action settlement. In the settlement, purchasers of Acer computers who file a claim form may receive free recovery utilities, computer equipment, repair services, or cash refunds. Class members also can choose to be excluded from the settlement, or object to it.

Am I included?

You are a class member if you purchased an Acer computer with Microsoft Windows between March 24, 2005 and May 1, 2011.

What's this about?

A lawsuit claims that Acer recovery disks do not provide access to all recovery utilities in the Microsoft Windows operating system. It argues that many Acer users will only be able to recover their computers to a "factory default" setting, losing their data and applications, or may not be able to recover at all. The lawsuit claims that Acer should have disclosed these limitations when it advertised that its computers included Microsoft Windows.

Acer denies the claims and contends that Plaintiff's assertions are factually incorrect. Acer contends that its computers have the complete version of Microsoft Windows, including all recovery features, identical to the version sold by Microsoft and by Acer's competitors. Acer also contends that Acer's marketing was not deficient and was consistent with Microsoft's marketing guidelines for Windows, which Acer was required to follow and which were applied across the computer industry.

The Court has not determined who is correct. To avoid the costs and risks of continued litigation, the parties have agreed to a settlement. The settlement releases all class membersʼ claims against Acer regarding inadequate system or recovery disks and missing features of Windows.

What can I receive?

Class members can choose make a claim in the settlement for benefits under Group A, B or C. Group A will receive a free CD-rom of Windows recovery utilities that can be used with their Acer computers.

Group A claimants also can get Acer to reinstall the Windows operating system on their hard drive, at no charge, if they previously (1) replaced their Acer computer's hard drive, (2) were unable to recover using Acer recovery disks, and (3) contacted the Acer service center for assistance on or before June 3, 2011.

Group B can choose to receive a free USB drive, optical mouse, or webcam if, on or before June 3, 2011, they contacted Acer, an Acer retailer, or a third-party repair technician about recovery problems on their Acer computer or about missing recovery utilities.

Group C will receive reimbursement of the amount they paid (up to $50) for service on their Acer computer related to a recovery issue, if they previously attempted to recover using Acer recovery disks but were not successful and contacted Acer customer service for assistance.

All claims require a valid Acer serial number. Certain claims require additional documentation, such as proof of purchase. For further details, visit the Settlement Website at: http://www.acerrecoverysettlement.com.

How do I make a claim?

To make a claim, you must download the Claim Form from the Settlement Website, fill it out, and mail it with any required documentation to the address shown on the form. Claim Forms are due by March 14, 2012.

What are my other options?

You can exclude yourself from the class if you want to be able to sue Acer separately for the claims released by the settlement. If you exclude yourself, you cannot file a claim or object to the settlement.

Alternatively, you can object to the settlement by filing papers in the U.S. District Court in San Francisco, California (Embry v Acer America Corp., N.D. Cal. 09-cv-01808-JW). If you object to the settlement, you also can ask to appear at the hearing or can hire your own attorney to appear.

You must submit your exclusion or objection by January 23, 2012 by following the instructions at the Settlement Website at: www.acerrecoverysettlement.com.

The Court will hold a hearing on February 13, 2012 to consider whether to approve the settlement. If the settlement is approved, the attorneys for the class will ask the Court to award them $1,200,000.00 in fees and expenses, and to award $15,000.00 as an incentive to the Acer customer who started the lawsuit. These amounts would be paid by Acer separately from and in addition to the amounts paid for class membersʼ claims.

For more information, please visit the Settlement Website at http://www.acerrecoverysettlement.com or write to the lawyers for the class at: Acer Settlement, Gutride Safier LLP, P.O. Box 460823, San Francisco, CA 94146.

Please DO NOT RESPOND to this email because the mail box is unattended.

This email was sent by: Acer America Corporation
333 W. San Carlos Street, Suite 1500 San Jose, CA 95110 United States

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Brushstroke
November 12th, 2011, 10:23 AM
Meh, go ahead and file. What's the worst that could happen? Under Group A it doesn't say you have to have Acer reinstall Windows for you. And since you fall in group B, you get free stuff. :p

3rdalbum
November 12th, 2011, 11:40 AM
Acer still did you wrong. File, get the webcam or mouse or whatever :-)

forrestcupp
November 12th, 2011, 03:31 PM
How is it wrong for a recovery disc to restore your computer to factory settings?

If there is a problem with how Windows was installed when you bought it, that's one thing. But I don't see how the act of recovering the computer to how it was when you bought it could possibly be wrong. That's what all vendor recovery discs do.

ki4jgt
November 12th, 2011, 05:32 PM
How is it wrong for a recovery disc to restore your computer to factory settings?

If there is a problem with how Windows was installed when you bought it, that's one thing. But I don't see how the act of recovering the computer to how it was when you bought it could possibly be wrong. That's what all vendor recovery discs do.

To be honest, that's kind of my problem with the entire thing. The purpose of this thing is to get them to reinstall Windows. What happens the next time Windows goes bazzerk? Are they supposed to reinstall it every time? In the end, you're still stuck with the problem. It's not that it reinstalls to system default, (or in my case it isn't) but that the system default doesn't always restore itself in the correct manner. I remember trying to restore my system after a nasty virus take over. The representative told me to keep pressing a key while the system was booting to bring up system restore. No matter how many times I tried, it wouldn't come up. I however wouldn't trade this stack of hardware for anything less than it was worth. I've already dropped it about 10 times from shoulder length on a concrete floor and it's still ticking.

grahammechanical
November 12th, 2011, 06:06 PM
Have I understood it correctly? If the claimant wins the case he/she gets $15,000. The attorneys get $1,200,000.

How is it possible that their fees and expenses for one person's claim can come to more than a million dollars?

These people are collecting claimants to boast the payment to themselves. and all most other claimants will get is a CD disk.

Am I to understand that if you buy a machine without a CD drive then you can claim from Acer to be given a CD drive, because without it you cannot use the recovery CD that you didn't get anyway?

What if the need to recover Windows was due to user stupidity? What if the Windows recovery utilities do not recover your data? Will they sue Microsoft for you?

Does anyone have evidence that the Microsoft User Agreement takes care of that possibility? I would not be surprised.

Regards.

Lucradia
November 12th, 2011, 06:08 PM
Acer still did you wrong. File, get the webcam or mouse or whatever :-)

I wish Laptops could come without webcams. They're crawling into more and more of them every passing day. Unfortunately, besides the screen and processor, the webcam is one of the single most-expensive components to a laptop. I can easily get rid of 30-60 USD by removing it usually (although nowadays, removing the webcam is starting to show no cost-reduction, for some strange reason, when it should. (See lenovo)) Removing it often would off-set the cost of the bulky windows it ships with, though with prices of Windows rising every year, that's also off-set.

forrestcupp
November 13th, 2011, 03:51 AM
I wish Laptops could come without webcams. They're crawling into more and more of them every passing day. Unfortunately, besides the screen and processor, the webcam is one of the single most-expensive components to a laptop. I can easily get rid of 30-60 USD by removing it usually (although nowadays, removing the webcam is starting to show no cost-reduction, for some strange reason, when it should. (See lenovo)) Removing it often would off-set the cost of the bulky windows it ships with, though with prices of Windows rising every year, that's also off-set.

I highly doubt if the webcam adds that much to the price. You can buy a really good HD webcam for $24 retail, and that webcam is 10x better than most that come in laptops. If you consider that, plus the rock bottom prices they pay for bulk hardware, I'd say a webcam probably adds less than $5 to the price.

Lucradia
November 13th, 2011, 05:26 AM
I highly doubt if the webcam adds that much to the price. You can buy a really good HD webcam for $24 retail, and that webcam is 10x better than most that come in laptops. If you consider that, plus the rock bottom prices they pay for bulk hardware, I'd say a webcam probably adds less than $5 to the price.

Keep in mind that the webcam in the laptops has to be smaller than normal webcams you find, and fit into a thin line of plastic, rather than half inch worth. Plus, the mechanism is tucked behind the LCD / LED Display. Let's not forget the fan system also has to be different than a desktop's and the motherboard has to be different too. Similarly, the network card, and pretty much everything has to be different. It's a wonder they even keep the laptop prices low at all.

I have the same opinion about the smartphones too, I honor their high prices as such.