TAMPA, Fla. (Legal Newsline) - Computer-maker Acer has successfully moved a proposed class action lawsuit to arbitration thanks to a policy presented to customers when they first turn on their laptops.
Florida federal judge Steven Merryday made that decision April 6 in Alex Volinsky's lawsuit, which alleges "Spin" laptops have a defective hinge mechanism that causes the screen to separate from the housing.
Acer's motion to compel arbitration said the "initial boot-up" of every Acer laptop requires the customer to agree to the company's "end user license agreement." That agreement conspicuously reqires arbitration of "any dispute" between the customer and Acer, Merryday wrote.
He rejected arguments Acer failed to properly notify customers of the arbitration clause.
According to his class action, Volinsky purchased the defendant's Spin I SP11-33 laptop computer from Staples in 2019. He alleges that the Acer laptop is made with a defective hinge mechanism, which caused the top panel and base panel to loosen and disconnect from each other.
Volinsky further alleges that the laptop's screen separated from the top panel housing which exposed the inside of the top panel and made it unable to close properly, which affected the computer's function.
He claims Acer falsely represented and marketed that the computer has a "wide range of functionality," is built to last and is technologically advanced. Volinksy alleges that despite Acer's representations, the hinge mechanism is made of low quality and low strength materials, which caused the hinges to break and detach with numerous complaints about the product appearing online.
He also alleges Acer's misrepresentations about the product caused consumers to purchase the laptop at a "substantial price premium."
Volinsky is represented by William Wright of The Wright Law Office PA in West Palm Beach, Florida, and Spencer Sheehan of Sheehan & Associates in Great Neck, New York.