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Beaton v. SpeedyPC Software

907 F.3d 1018 (2018)

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Beaton v. SpeedyPC Software

United States Court of Appeals for the Seventh Circuit
907 F.3d 1018 (2018)

  • Written by Liz Nakamura, JD

Facts

Archie Beaton (plaintiff) downloaded a free trial version of SpeedyPC Pro, sold by SpeedyPC Software (Speedy) (defendant), which Beaton was informed would diagnose and fix his computer’s performance issues. The free trial told Beaton his computer had critical issues and prompted him to download and pay for the full version of the software to fix the identified issues. Beaton purchased the software license, which cost less than $40, but SpeedyPC Pro failed to fix Beaton’s computer. Beaton brought a consumer class action against Speedy on behalf of SpeedyPC Pro users, arguing that (1) Speedy’s free trial indiscriminately told all users that their computers were in critical condition; (2) Speedy used the free trial’s misleading results to trick users into purchasing SpeedyPC Pro; and (3) SpeedyPC Pro failed to work as advertised. The district court certified Beaton’s class action for fraudulent misrepresentation and breaches of the implied warranties of fitness and marketability. Speedy filed an interlocutory appeal challenging the certification of the class, arguing that the class members’ individualized issues outweighed the common questions.

Rule of Law

Issue

Holding and Reasoning (Wood, C.J.)

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