Microsoft Vista capable case loses class action status

"This ruling makes no comment on the merits"

20 February 2009 11:15 GMT / By Amy-Mae Elliott

The ongoing lawsuit that accuses Microsoft of deliberately misleading consumers over "Vista capable" claims has taken an interesting turn in the States.

The US federal court has denied class action status to the lawsuit, as the plaintiffs could not be seen to demonstrate their claims were common to the entire class on consumers.

The cases have been okayed to go forward on an individual basis, but without the class action status, individuals will not get the pooled legal resources and potentially bigger payment.

The case relates to issues over Microsoft allowing computer manufacturers stickering PCs indicating they were "Windows Vista Capable", although in fact they could only be upgraded to a low-end version of the new operating system.

"While the court decertified the class today, it is careful to note that this ruling makes no comment on the merits [of the claims]", said Judge Marsha Pechman.

The plaintiff's lawyers are said to be considering an appeal. We will keep you posted.