CORRECTING and REPLACING Class Counsel Announce Macintosh QuickBooks Users File Nationwide...

Fri Dec 21, 2007 11:50pm EST
 
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CORRECTING and REPLACING Class Counsel Announce Macintosh QuickBooks Users File Nationwide Class Action Lawsuit Against Intuit for Widespread Deletion of Their Data

   -- Software Update Transmitted by Intuit Last Weekend Has Caused
Nightmare Loss of Purchase Orders, Spreadsheets and Other Files
SAN FRANCISCO--(Business Wire)--The first sentence of the third graf should read: "As we've
described in the Complaint, just as many QuickBooks users were trying
to close their books for the year, they lost key financial and
business information," said plaintiffs' co-counsel Jim Quadra, a
partner at Moscone, Emblidge & Quadra, LLP. (sted: "As we've described
in the Complaint, just right as many QuickBooks xxx").

   The corrected release reads as follows:

   CLASS COUNSEL ANNOUNCE MACINTOSH QUICKBOOKS USERS FILE NATIONWIDE
CLASS ACTION LAWSUIT AGAINST INTUIT FOR WIDESPREAD DELETION OF THEIR
DATA

   -- Software Update Transmitted by Intuit Last Weekend Has Caused
Nightmare Loss of Purchase Orders, Spreadsheets and Other Files

   Class counsel announced that three businesses relying on
QuickBooks Pro for Macintosh filed a class action lawsuit today
against the product's manufacturer Intuit for sending faulty software
code on the weekend of December 15-16, 2007, that has caused the
wholesale deletion of their QuickBooks data and other files. The
lawsuit, entitled Create-A-Card v. Intuit, was filed today in federal
court in San Francisco. The plaintiffs are businesses located in
California, New York and Florida that use QuickBooks Pro for their
accounting and other data storage purposes.

   Juan Loredo, owner of plaintiff AGCJ, Inc., operates a bar called
the Vinyl Room in Burlingame, California. On Sunday, December 16,
2007, he opened his QuickBooks program and received the software
update from Intuit. "Intuit has caused every computer user's worst
nightmare," stated Mr. Loredo. "My company lost its invoicing, sales
reports, inventories, day to day working files, pictures, and other
files containing financial information. The files lost represent
hundreds of hours of work."

   "As we've described in the Complaint, just as many QuickBooks
users were trying to close their books for the year, they lost key
financial and business information," said plaintiffs' co-counsel Jim
Quadra, a partner at Moscone, Emblidge & Quadra, LLP. "Through its
negligence in transmitting destructive software code and failure to
take immediate corrective action, Intuit took what is typically the
busiest and most profitable time of year for small businesses, and
turned it into a logistical mess."

   "Although Intuit has finally halted the automatic downloading of
the faulty software, Mac users nationwide have each incurred hundreds
to thousands of dollars in labor and other cost trying to restore
their valuable data, some of which will never be recovered. Today's
lawsuit seeks compensation for lost data as well as the time and money
spent attempting to recover the lost data," said Michael W. Sobol of
Lieff Cabraser Heimann & Bernstein, LLP, and plaintiffs' co-counsel.

   The proposed class consists of all individuals and entities whose
files or data became inaccessible or were damaged, corrupted, or lost,
whether temporarily or permanently, as a result of opening QuickBooks
and receiving Intuit's December 2007 faulty code. The complaint
asserts claims of negligence, strict products liability, trespass to
chattels, breach of implied warranty and unfair business practices.
Plaintiffs seek for themselves and all class members compensatory and
other damages.

   About Moscone, Emblidge & Quadra, LLP

   Based in San Francisco, Moscone, Emblidge & Quadra specializes in
a wide variety of class actions representing consumers and the general
public victimized by false advertising, unfair business practices,
personal injuries, and wage and hour violations.

   About Lieff Cabraser Heimann & Bernstein, LLP

   With three offices nationwide, Lieff Cabraser is one of the
largest law firms in America dedicated solely to advancing the rights
of plaintiffs. For the last five years, The National Law Journal has
selected Lieff Cabraser as one of the top plaintiffs' law firms in the
United States.

   Further Information for QuickBooks Users

   Mac users who have lost data due to Intuit's flawed update are
welcome to contact plaintiffs' counsel to report their experiences and
learn more about the litigation. Please visit
www.lieffcabraser.com/consumer/quickbookslawsuit.htm.

   Media Resources

   Reporters that wish to obtain a copy of the complaint should
contact Stephen Cassidy of Lieff Cabraser by email at
scassidy@lchb.com.

Lieff Cabraser Heimann & Bernstein, LLP
Michael W. Sobol, 415-956-1000
msobol@lchb.com
or
Moscone, Emblidge, & Quadra, LLP
James A. Quadra, 415-362-3599
quadra@meqlaw.com

Copyright Business Wire 2007

 

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