Shepherd, Finkelman, Miller & Shah, LLP (“SFMS”) announces that on August 25, 2009, the United States District Court for the Central District of California, the Honorable Stephen V. Wilson presiding, approved a settlement in a class action, which was filed on behalf of SFMS’s client, Eugene Rosenfeld, against Gateway, Inc. (“Gateway”). The settlement class consists of all persons or entities who purchased, not for resale, one of the Notebook Computers in the United States (“Class”). The Notebook Computers are defined as the Gateway CX210X, CX210S, M285E, M285G or M7225C, as well as the Gateway M7309H, M153XL and DX42X model notebook computers. Under the terms of the settlement, Class members who were unable to utilize the Notebooks in the manner that they intended because they were unable to obtain use of four gigabytes (“GB”) of random access memory (“RAM”) are entitled to return their Notebooks and obtain full reimbursement of the prices paid for the Notebooks and any RAM purchased to upgrade the Notebooks (up to $2,700 per Notebook), which maximum recovery is based upon the highest amount that Class Members generally paid for the Notebooks ($2,500) and the highest amount that consumers reasonably should have paid for extra RAM ($200) to upgrade to 4 GB of RAM. The Settlement also provides that Class Members who purchased RAM to upgrade their computers to 4 GB of RAM, but who do not choose to return their Notebooks for refund (or otherwise do not qualify for the refund option), will receive reimbursement for fifty percent of the amount that they paid to upgrade to 4 GB of RAM (up to a maximum recovery of $100), based upon the fact that the Notebooks indisputably could access at least 3 GB of RAM and based upon the maximum amount that consumers reasonably should have paid for 2 GB of extra RAM ($200) during the pertinent time period. Finally, the Settlement provides that Class Members who choose not to seek relief under either of the first two categories (or otherwise do not qualify for relief) will receive one of five items free of charge from Gateway.
click here for a copy of the Court’s Order Approving the Settlement.