It was big victory for Microsoft, when on Wednesday a judge annulled the class-action status of the Windows Vista Capable lawsuit that challenged the company's marketing program.
That means the complainants will now have to file case against Microsoft individually, instead of as a group that could have drawn in potentially thousands of other consumers who felt wronged by the issue.
In the judgment, the U. S. District Court Judge Marsha Pechman wrote, "Absent evidence of class-wide price inflation, plaintiffs cannot demonstrate that common questions predominate over individual considerations."
According to Pechman, "the evidences submitted in support of the 'price-inflation theory' was based on assumptions and anecdotes and that plaintiffs failed to separate any impact the marketing program had on PC prices from other factors such as holiday sales".
In an e-mail, a Microsoft spokesperson said, "We're pleased that the court granted our motion to decertify the class, leaving only the claims of six individuals," said David Bowermaster. We look forward to presenting our case to the jury, should the plaintiffs elect to pursue their individual claims."
In the lawsuit filed against Microsoft, the complainants alleged that the Windows Vista Capable campaign was deceptive and violated the Washington Consumer Protection Act, among other claims.












