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“Vista capable” suit loses class action status

windows7In the ongoing lawsuit concerning users feeling duped by Microsoft’s “Vista Capable” stickers, federal judge Marsha Pechman has decided to strip the suit of its class action status.

The recent decision has no doubt brought relief to a Microsoft which stood to lose millions in the wake of successful execution by the plaintiffs. Microsoft must now be willing to treat with individual lawsuits, but we’re rather of the belief that the number of angry people has suddenly shrunk.

Pechman’s ruling (PDF) cites insufficient evidence for class action status, but reserved the notion that Vista Capable stickers could have been misleading. “At this juncture, the Court believes the most appropriate remedy for Plaintiffs’ failure to present evidence suggesting class-wide causation is decertification,” she wrote. “The question is … whether Microsoft’s use of the ‘Vista Capable’ designation had the capacity to deceive.”

The case has been in the courts since 2007 when incensed users claimed that the December ‘06 “Vista Capable” campaign produced systems that may have been unprepared to run Media Center or Aero.

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4 Comments:

  1. Buddy J
    Dept. of Propaganda

    What are the criteria needed to meet class action status? I don't understand how something like this couldn't be class action when there are so many people involved.

  2. The plaintiffs were attempting to claim that the Vista Capable sticker significantly shifted market preference towards computers bearing it. Even the Plaintiff's own expert economist could not certifiably or convincingly prove that consumers predominantly chose a PC just because of the WVC sticker.

    Given that the Plaintiff could not construct a scenario where Microsoft/OEMs profited from deliberate consumer deception, class action status was dropped. The court recognizes, however, that certain users may have been swayed, and the court invites them to bring their cases before the court.

  3. MiracleManS
    Mediocrity Gets You Pears

    As much as we might not like it, I think they made the right call. It sounds like it would be a tough sell proving that the market shifted just with Vista Capable.

  4. I agree, Dustin. I think the Vista Capable campaign was a crock of shit to jerk Intel, but I was in retail during the brunt of the campaign, and nobody ever cared about the sticker.

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