Consumers allege MiTAC Digital failed to notify users of GPS device lifetime map subscription change

By Jenie Mallari-Torres | Oct 16, 2018

SAN FRANCISCO (Legal Newsline) – Two California consumers allege the maker of the Magellan RoadMate GPS device falsely represented buyers would get free lifetime map updates.

Michael Livingston and Sharon McGill filed a complaint individually and on behalf of a class of similarly situated individuals on Sept. 28 in the U.S. District Court for the Northern District of California against MiTAC Digital Corp. alleging violation of the California Consumer Legal Remedies Act and other counts.

According to the complaint, the plaintiffs purchased the defendant's Magellan RoadMate navigation devices with free lifetime map updates. They allege the defendant changed the lifetime map subscription to three years from the date of manufacture and neither notified owners or potential owners of the new terms and conditions.

The plaintiffs allege that had they known when they purchased the devices that they would not receive free map updates for the useful lifetime of the devices, the would not have purchased them.

The plaintiffs hold MiTAC Digital Corp. responsible because the defendant allegedly failed to disclose to consumers the true and actual nature of the device and interfered with consumers’ use of their devices by limiting free map updates to just three years.

The plaintiffs request a trial by jury and seek judgment against defendant for compensatory, exemplary and statutory damages; including interest, attorneys’ fees and costs; interest; and other relief as may be appropriate. They are represented by Jordan L. Lurie, Tarek H. Zohdy, Cody R. Padgett and Trisha K. Monesi of Capstone Law APC in Los Angeles.

U.S. District Court for the Northern District of California case number 3:18-cv-05993

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