
by
Alives
Wed Jul 5th, 2006 8:22pm
(from #bor)
Plaintiff alleges that in the sale and marketing of its hard disk drives, Defendant overstates the useable storage capacity by approximately 7%. According to Plaintiff, when attached to most personal computers, a hard disk drive advertised by Defendant as having "80GB" will only show an available capacity of "74.4GB." Plaintiff alleges that one reason for this disparity is the use of two different measurements of a "GB." Plaintiff alleges that computer operating systems compute 1 GB as 1,073,741,824 bytes (the "Binary Definition"), but Defendant and other hard disk drive manufacturers compute 1 GB as 1,000,000,000 bytes (the "Decimal Definition"). Plaintiff alleges that Defendant%u2019s conduct constituted false advertising, unfair business practices, breach of contract, fraud, and vio...
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In the Litigation, Plaintiff would seek to recover on behalf of the Class one or more of the following remedies: (a) the right to return their hard disk drives for a full refund; (b) the right to keep their hard disk drives and receive a partial refund of the amount they paid proportional to the amount of capacity that was not provided; (c) statutory damages for each act of false advertising knowingly directed at a senior citizen; and (d) puniti...