US District Judge Marsha Pechman ruled that the plaintiffs were in their right to launch the class action lawsuit, but the accusations would only be summed up from the 2006 holiday season. Back then, the Vista was still to be launched, but computers were already branded as "Vista Capable".

The issue at hand is whether the "Vista Capable" labeling campaign was used by Microsoft to lure customers and create artificial demand by false advertising.

Most complaints are aimed at the fact that while computer (barely) run the new Microsoft OS, many Vista features are impossible to be used. The most famous example is the Aero interface, which is only available higher-end versions of Vista and also incompatible with with a wide range of PCs marked as "Vista Capable".

Microsoft chose remain silent during for the time being.