On February 22, 2008, the Court entered an order certifying a nationwide class action in the current case pending against Microsoft Corp. regarding sales of “Vista-capable” PCs. As alleged in the complaint, plaintiffs and all class members paid for Vista capability but did not get it. The recent class certification order, entered by United States District Judge Marsha J. Pechman, 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 defined as:
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 Vista-capable PC purchasers who participated in Microsoft’s “Express Upgrade” promotion are eligible to be included in the case as a subclass if an “Express Upgrade” purchaser joins the case 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.
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For more information, or if you believe that you are a member of an Express Upgrade subclass, please contact us.
Vista_ClassCertificationOrder_022208.pdf 
