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December 26, 2012 / Admin

Consumers File Class Action Against Microsoft for False Advertising

Microsoft recently released its highly touted Windows Surface RT, only to be slapped just a few weeks later with a class action lawsuit regarding the new product.  Consumers in the class action are claiming that Microsoft misrepresents the storage capacity of the Surface RT, which they claim provides only 25-50% of the storage that Microsoft advertises.

The problem, according to the plaintiffs, is that the Windows RT operating system takes   extremely high amount of the storage space that the lawsuit asserts that  “Microsoft knows, but conceals and fails to disclose in its advertising, marketing or promotional materials, that the Windows RT operating system consumes approximately 16GB of the represented storage capacity of the Surface RT tablets and that those 16GBs are not, therefore, storage space that the consumer can actually use to store files after purchase.”  For a consumer who purchases the 32GB Surface RT, about half of the advertised storage space is allegedly inaccessible and unusable due to the vast needs of the operating system itself.  Consumers purchasing the 64GB version will find that about 25% of the advertised capacity is unavailable, according to the lawsuit.

Microsoft has responded to the lawsuit by stating that the case is without merit because customers understand that preinstalled applications on tablets use some of the internal storage.  However, plaintiffs have responded that these details are buried in Microsoft’s website and not clearly disclosed. The class is seeking refunds for Windows Surface RT purchasers, and also alleges false advertising, unfair business practices, and violations of state consumer laws.

If you have been the victim of a company’s deceptive trade practices, contact Khorrami, LLP for a confidential consultation.


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