The lawsuit, entitled Create-A-Card v. Intuit, was filed today (Monday, Dec. 24) 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.
"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," says Michael W. Sobol of Lieff Cabraser Heimann & Bernstein, LLP, and plaintiffs’ co-counsel. "Today’s lawsuit seeks compensation for lost data as well as the time and money spent attempting to recover the lost data."
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 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.
