Irate Customer Sues Fry’s in Class Action

     LOS ANGELES (CN) – Fry’s sells a $250 Nuance Communication voice-recognition software package that doesn’t work, a man claims in a class action.
     Michael Nathan sued Fry’s Electronics and Nuance Communications in Superior Court.
     He claims that Nuance advertises, falsely, that its Dragon Naturally Speaking software can recognize speech with 99 percent accuracy.
     Nathan says he bought the software for $249.99 at Fry’s because he does a lot of typing and online research for his job. He says Fry’s employees told him he could return the software for a full refund within 30 days if it didn’t work.
     He claims proceeded to spend “more than two week at 3-5 hours per day reading materials and articles to Dragon Software to recognize plaintiff’s speech and accent, [to] no avail.”
     Fed up, he says, he returned the software to Fry’s, which refused to refund his money, because, a store supervisor told him, “it was against the law to accept open software.”
     Nathan seeks restitution class damages and punitive damages for breach of warranty, false advertising, fraudulent inducement, breach contract, unfair competition, and consumer law violations.
     The rather vituperative, 36-page complaint claims, inter alia, that “Fry’s likes people to buy its products, but they hate customers.”
     He is represented by Motaz Gerges of Sherman Oaks.

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