This website provides information on the settlement of a nationwide class action lawsuit, alleging that IBM Deskstar 75GXP hard disk drives are insufficiently reliable due to manufacturing and/or design defects that caused the Deskstar 75GXP hard disk drive to fail to reliably retrieve and store data. It is also alleged that IBM made false and inaccurate statements and representations concerning the reliability of these hard disk drives. Although IBM has agreed to settle this Action, it denies any liability with respect to the Deskstar 75GXP hard disk drives, which it has sold since March 2000.
The Court has preliminarily ruled that this Action may proceed, for purposes of settlement only, on behalf of a Class defined as:
All persons and entities in the United States who, during the period March 15, 2000 through March 4, 2005, purchased for their own use and not for resale or distribution (i) a new Qualifying 75GXP from IBM or from any entity authorized by IBM to sell such 75GXP, or (ii) a pre-assembled computer system that contained as a component a new Qualifying 75GXP. Excluded from the Class are IBM employees and those persons who have executed releases releasing IBM from liability concerning or encompassing any or all claims that are the subject of this Action.
The Settlement relates to the following family of IBM Deskstar 75GXP hard disk drive models:
For additional information please refer to the Notice of Pendency and Settlement of Class Action available in PDF format under Documents.
- Date of initial mailing: April 29, 2005
- Deadline for filing objections: June 17, 2005
- Deadline for filing exclusions: June 17, 2005
- Settlement hearing: July 1, 2005
- Filing deadline for claim forms extended until November 30, 2005