Vista Capable plaintiffs target "class action renewal"

 

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By Stuart Turton

Posted on 2 Mar 2009 at 10:51

The plaintiffs alleging they were misled by Microsoft's "Vista Capable" marketing campaign have filed to have the case's class action status revived.

The class action status was removed last month, after district court Judge Marsha Pechman decided the plaintiffs had failed to prove the marketing program had artificially inflated the price of the PCs they had purchased.

However, in a new filing lawyers are attempting to have the case recertified as a class action suit under new, more focused criteria.

This criteria will apply only to people who bought PCs through Microsoft's Express Upgrade Guarantee Program, and those who bought PCs that didn't support Vista's Aero effects.

The filing calls the Aero interface "an essential requirement for Vista," and claims the fact that some "Vista Capable" machines couldn't run it was a deliberate omission by Microsoft.

"We believe the Court was right when it decertified the class," says Microsoft. "We will oppose plaintiffs' renewed request to certify a class and their motion to delay the trial. We look forward to presenting our case to the jury on 13 April, should plaintiffs elect to pursue their individual claims."