The suit, filed Thursday in California Superior Court in Santa Clara, charges that Palm "fraudulently, unfairly, deceptively and unlawfully" marketed its m130 handheld when it claimed the device could support 65,000 colors.
Although Palm had advertised the device as capable of supporting that many colors, the company apologized to customers last week. The company changed the way it markets the device but has not announced plans to offer refunds for those who purchased the device.last week that the device displays only 4,096 colors per pixel and
The company has also downplayed the difference between the device's advertised display abilities and its actual capability. By using techniques such as flashing pixels and by combining nearby pixels of different shades, Palm said, the device can display more than 58,000 "color combinations."
The suit, which was brought on behalf of a Pennsylvania man and a California woman as well as all those who purchased an m130, seeks refunds for those who purchased the devices as well as attorney fees, other costs and interest. Palm spokeswoman Marlene Somsak said the company plans "to fight the lawsuit aggressively."
Somsak also said Palm is exploring ways to compensate m130 owners and expects to have a plan soon. HP, which faced awith early Jornada models two years ago, offered refunds to customers.