Acer class action lawsuit overview:
- Who: Plaintiff Stephen Stewart has filed a class action lawsuit against Acer.
- Why: Some Acer computers reportedly have a design flaw that causes “catastrophic hiccups” and makes them vulnerable to firmware attacks.
- Where: The Acer class action lawsuit has been filed in California federal court.
Some Acer computers have a design flaw that leaves them vulnerable to devastating firmware attacks, according to an Acer class action lawsuit filed Aug. 16 in California federal court.
Plaintiff Stephen Stewart alleges that Acer computers with AMD Ryzen or Athlon processors with built-in “firmware TPM” (Trusted Platform Module) modules have a design flaw that causes the device to stutter during video playback, video games, and during video conferences.
At the same time, this design flaw makes these Acer computers particularly vulnerable to catastrophic firmware attacks – despite the fact that a TPM is naturally assumed to defend against such attacks,” the Acer class action lawsuit states.
Despite allegedly being aware of this major design flaw, Acer continues to market its AMD laptop and desktop computers as suitable for watching videos, playing video games and video conferencing, Stewart says.
In addition, he says that Acer deceptively touts the computers as “robust” and “multi-layered” security.
Acer class action lawsuit alleges computers are unfit for their intended use
Stewart claims he bought an Acer computer with a faulty fTPM design. He says he experienced the intrusive stuttering effect while using the computer. He also claims that his Acer computer is “uniquely vulnerable” to firmware attacks that could potentially compromise his home and business networks.
The Acer class action lawsuit alleges that Stewart and the alleged Class Members purchased Acer computers that were not fit for their intended use. Further, Stewart says the resale value of the Acer computers is “crippled.”
In 2021, Microsoft began requiring TPM for computers to run its Windows 11 operating system in response to a growing number of devastating firmware attacks.
“Faced with a potentially tricky redesign, Acer turned to AMD, which essentially created and implemented a manipulation device for Microsoft’s new TPM requirement,” the Acer class action lawsuit states.
Rather than installing an actual TPM, which is a separate piece of hardware, Acer reportedly relied on the fTPM, which is simply a piece of code that tells the operating system it’s a TPM.
This flawed system has reportedly caused Acer computers to experience “catastrophic stuttering” as well as a significant security vulnerability. Despite receiving numerous complaints about the issue, the Acer class action lawsuit says the company has never issued a recall to resolve the issue and continues to misrepresent the computers’ functionality and security.
2013 Acer settled a class action lawsuit claimed that some of its notebooks do not have enough memory to run the Microsoft Windows Vista Premium OS.
If you purchased an Acer or other computer with a faulty AMD or Athlon processor that caused video interference, such as stuttering screens or robotic sound, you may be eligible for participate in a lawsuit.
Stewart is represented by Yavar Bathaee, Andrew C. Wolinsky, Brian J. Dunne and Edward M. Grauman of Bathaee Dunne LLP.
The Acer Class Action Lawsuit is Stephen Stewart v Acer Inc., et al.Case No. 5:22-cv-04684, in the United States District Court for the Northern District of California, San Jose Division.
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