![]() “The judge found there was overwhelming evidence that the ad was deceptive and therefore a class action suit could not proceed, but I still think a more thorough review is necessary,” Gould said. The plaintiff’s attorney, Matthew Gould, was pleased with the ruling. Olson and her attorney are currently appealing the decision. In a ruling, the court ruled that there was “overwhelming evidence” that the ad was deceptive and therefore not protected under the California Anti-Intrusion Law, so the Norton Antivirus Class Action lawsuit was tossed out. However, the jury decided that Olson had actually proved the company’s claim that her husband should have been aware of the danger if he had installed the software. Instead, the plaintiff’s testimony only showed that her husband had seen a marketing campaign in the computer repair shop where she purchased the software. When her attorney attempted to show the jury that Symantec’s claims that the software would provide total protection were not based in any fact, the court ruled that there was insufficient evidence to prove that claim. She initially asked the court to rule that her husband had not suffered damages because he had no intention of buying the product, but the court decided to consider the trial as an attempt to “revenge” Olson’s decision to sue the company. ![]() She contacted Symantec, who denied liability for the crash, but offered to refund her for her purchase.Īfter her first attempts to get a class action suit dismissed failed, Olson decided to take her case to trial. However, when her computer crashed and restarted, it failed to recognize her husband’s email. The lawsuit had been launched by a woman named Lisa Olson, who had purchased the product for her husband and was told at the time that it was completely safe and secure. However, after four unsuccessful attempts, a California state court judge has now quashed a proposed class suit accusing Symantec of hiding a critical security flaw in their Norton Antivirus program, ruling that the plaintiff cannot prove that the ad that she relied on to buy the program was deceptive. When a class action suit was brought against Symantec Corporation, the corporation quickly dropped their antivirus program as a defendant because they said that the software itself was not an issue. Gform.Microsoft’s Anti-Spyware Software Has Been Injurious To Many Consumers Δ document.getElementById( "ak_js_5" ).setAttribute( "value", ( new Date() ).getTime() ) We tell you about cash you can claim every week!ĬAPTCHANameThis field is for validation purposes and should be left unchanged. Tigar had allowed Haskins to amend her claim under the Tobacco II “Long-Term Advertising Campaign” exception theory if she could specifically identify how she had been deceived over the scope of the advertising campaign for Norton Antivirus software. ![]() It is plain from the numerous iterations of the complaint in this action that plaintiff cannot allege that she saw any specific representation.” In his June 2 dismissal Order, Tigar wrote that instead of making a specific allegation, Haskins “alleges conclusorily that she relied on a very long list of representations, and that she was exposed to those representations. Haskins was asked to explain to the court which specific marketing materials she relied on when she bought Norton Antivirus software, but she was unable to do so to the satisfaction of Judge Tigar. Judge Tigar had given plaintiff Kathleen Haskins a third and final chance to amend her Norton Antivirus class action lawsuit in December. Consumers did not find out about the breach until 2012, the class action lawsuit said, even though it made the software vulnerable to cyberattack. Plaintiff Kathleen Haskins sued Symantec in April 2013, claiming she and other consumers did not get the antivirus protection that was advertised for certain Norton Antivirus products because hackers breached Symantec’s network in 2006, stealing the software’s source code. of hiding a security flaw in its Norton Antivirus software, ruling the plaintiff could not prove which allegedly deceptive ads she relied on to purchase the product. After four unsuccessful tries, a California federal judge has finally quashed a proposed class action lawsuit accusing Symantec Corp.
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