Class Action Blog : Consumer Fraud, Consumer Protection, Securities and Antitrust Lawyer & Attorney : Meiselman, Denlea, Packman, Carton & Eberz

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In October, 2008, Meisleman, Denlea, Packman, Carton & Eberz P.C. filed a class action complaint in federal court in California on behalf of Giorgio Gomelsky and all others similarly situated (the “Class”) alleging that Apple’s PowerBook G4 computers have a widespread and commonplace characteristic defect and design flaw which renders one or more of the PowerBook G4's memory slots inoperative. The defect manifests itself when a PowerBook owner adds additional memory (RAM) to the first or second (upper or lower) memory slot available in the PowerBook G4. Typically, when the additional memory is added, the Powerbook does not recognize the memory, resulting in slower processing speeds, decreased computer function and other computing problems. Unfortunately for consumers, because both memory slots are hardwired to the PowerBook’s motherboard, consumers who choose to repair the defect can incur costs of more than $500 in parts and labor. Moreover, the defect oftentimes manifests itself months or even years after purchase of a new PowerBook and/or installation of memory (RAM) in a memory slot.

In response to thousands of complaints from its PowerBook customers, Apple has admitted that its PowerBooks, specifically certain PowerBook G4 models, have defective memory slots. Aside from a limited number of PowerBooks manufactured between January, 2005 and April, 2005, however, Apple has refused to repair the defect which has manifested itself in PowerBooks manufactured before and after this time period. As a result of Apple’s actions, thousands of its customers have purchased PowerBook computers with defective memory slots. Apple has refused to repair the defect free of charge, and has refused its customers’ requests for refunds or exchanges of their defective PowerBooks.   As such, thousands of Apple PowerBook owners have been compelled to either repair the defective memory slot at their own expense or lose permanently the ability to add additional memory to their computers.

Consumers have posted complaints on various Apple related internet sites, stating that they have had to repair the defective memory slot at their own expense, that Apple has refused to reimburse them for the expense incurred, and that Apple has refused to exchange defective PowerBooks for PowerBooks with properly functioning memory slots. Moreover, an online petition has been initiated by Apple customers who have purchased PowerBooks with defective memory slots, and which Apple has refused to repair. As of November, 2008, almost 5,000 PowerBook owners have signed the petition, demanding that Apple repair the defective memory slots or reimburse the petitioners for expenses incurred in repairing the memory slots.

This class action lawsuit is brought on behalf of a nationwide class of all persons who have purchased Apple PowerBook G4 computers manufactured with defective memory slots. The lawsuit seeks compensatory damages, reimbursement of expenses incurred by consumers to repair defective memory slots or the repair of defective memory slots by Apple free of charge.

If you have a PowerBook G4 computer with one or more defective memory slots which Apple has refused to warrant or fix free of charge, please contact us to discuss your legal options.