| from: | Ken Matinale | ||
| sender-time: | Sent at 9:57 AM (GMT-05:00). Current time there: 10:08 AM. ✆ | ||
| to: | Anita_Bock@cand.uscourts.gov, ECFHELPDESK@cand.uscourts.gov, Chris_Wolpert@cand.uscourts.gov, Lynn_Fuller@cand.uscourts.gov | ||
| date: | Sat, Nov 12, 2011 at 9:57 AM | ||
| subject: | Fwd: Notice of Class Action and Proposed Settlement | ||
| mailed-by: | gmail.com |
This means of dealing with the judgement is a joke.
1. The form requires both the serial number and proof of purchase, both of which the defendant, Acer, already had or I would not have received this e-mail message in the first place.
2. Paper response only is clearly used to minimize the number of successful responses. Who the heck still has paper receipts after all this time? I do, however, still have the e-mail confirmation from Acer, which is probably very unusual.
3. Note the very small font size in the e-mail message, also intended to reduce the number of successful responses.
Here is a link to my tech blog, which obviously indicates that I had the type of problem this case is attempting to remedy.
This approach negates whatever good the court may have intended. Please refer this to the judge and plaintiff. Thanks.
Kenneth Matinale
___________________________________
Notice of Class Action and Proposed Settlement
You are receiving this notice because, according to our records, you purchased an Acer AOA110 computer, bearing serial number LUS030B0438482A2972536.
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.
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.
Please DO NOT RESPOND to this email because the mail box is unattended.
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