3Com Settles 56K Class Action Lawsuit
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In a May 11 order from a California Superior Court, 3Com has agreed to give a $15 rebate to anyone who purchased one of its X2 modems or before May 31. The company will also offer a $15 rebate to users who paid to upgrade an existing 3Com modem to X2 before February 28, 1998.
The rebate coupon is good toward the purchase of any new 3Com product with a price of over $100. Class members have until February 22 of next year to send in their coupons.
Attorneys representing the class claimed that 3Com and its US Robotics subsidiary engaged in deceptive advertising by claiming that modems employing x2 technology could achieve 56K speeds and/or were twice as fast as prior generation modems.
Because of line noise and other issues, 56-kbps modems from all manufacturers rarely provide users with data transfer rates much higher than 50 kbps, and most are limited to rates of 33.6 kbps on the upstream side of the call.
As part of its settlement, 3Com has agreed to pay attorneys representing the class for their fees and costs. The amount is to be determined by the court, and is capped at $1.5 million dollars.
A hearing will be held on July 27 in San Jose to determine whether the 3Com settlement is fair, reasonable and adequate.