In both cases, customers must have purchased the hard drive as a discrete unit, as hard drives shipped with pre-built computers are not eligible under the proposed terms.
Cho v. Seagate was filed in April of 2005 by Sara Cho over claims that Seagate falsely advertised the capacity of their hard drives, overstating it by 7%. The nature of these claims lies in the difference between a gigabyte (1,000,000,000 bytes of 1 GB) and a giga binary byte (1,073,741,824 bytes or 1 GiB), as the abbreviation of “GB” is often used for both.
Seagate has denied and continued to deny both the false advertising claims and the fact that it has harmed anyone, and as of yet the courts have not ruled on the merits of the case.
Under the proposed terms of the settlement, Seagate will be required to:
The final hearing date to approve the settlement will take place on February 7, 2008 at the San Francisco Superior Court.