BIRMINGHAM, Ala. (Legal Newsline) — The manufacturer of the Spin 1 series of laptop computers is facing a claim its product's lithium-ion batteries suffer from premature failure.
Carnelius McCall, individually and on behalf of all others similarly situated, filed a complaint Oct. 31 in the U. S. District Court for the Northern District of Alabama against Acer America Corporation alleging violation of consumer fraud acts, negligent misrepresentation and other claims.
McCall alleges in her class action that she purchased the defendant's laptop computer from Walmart in May of 2020. She claims the laptop's battery suffered premature failure and degradation after only several months of "normal usage" and no longer could maintain a charge. McCall alleges that she purchased the computer expecting the product's components, including the battery, to be adequately manufactured, designed and tested.
She further alleges that the defendant's computer batteries were subjected to "electrochemical characterization tests" that focused on battery performance instead of testing for defects that cause battery failure. McCall also alleges the defendant described the product so consumers would believe the battery would not prematurely fail or degrade and conveyed the product as defect-free.
She claims the defendant's actions violated consumer fraud acts, breaches of express warranty and constitute fraud.
McCall and the class seek monetary relief, interest, trial by jury and all other just relief. They are represented by Richard Frankowski of The Frankowski Law Firm LLC in Birmingham and Spencer Sheehan of Sheehan & Associates PC in Great Neck, New York.
U. S. District Court for the Northern District of Alabama case number 2:22-CV-01390-JHE