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11/07/2005, 6:20pm, EST

Monday, November 7th

iPod nano class-action lawsuit expands

Consumers today from the United Kingdom and Mexico filed a class-action lawsuit against Apple Computer in the United States District Court for the Northern District of California, claiming the new iPod nano is defectively designed allowing the screen to quickly become scratched with normal use. Much like the class-action lawsuit filed in late October on behalf of users in the US, the complaint alleges that Apple knew about the design flaw, but chose to ignore them in order to speed the product to market. The defect is a result of a much thinner layer of resin used in designing the Nano that does not provide adequate protection from scratching, according to the suit.

Steve Berman, lead attorney for both class action lawsuits, said "Apple's iPod nano has sold in record numbers around the world, just as it did in the US. It seems that wherever the Nano is sold, problems with the defective design soon follow."

Berman also stated "the far-reaching response also reveals that this is not just a small problem or a bad batch of Nano's, but a defect in the overall design that should have been rectified prior to the release."

The plaintiff named in the latest lawsuit is Ben Jennings of the United Kingdom, who purchased a Nano in September and was presumably extremely cautious with the screen, which within a week was reportedly "so marred with scratches that it became hard to read." The suit seeks to represent and recover money lost for all those who live outside of the United States who purchased an iPod nano, and residents outside the U.S. are able to ask the court for help because Apple is headquartered in the United States, according to Berman.


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beeble
Hard to read?
0
11/07, 7:29pm, EST
What did he do, massage it with sand paper? I can't make even the cheap plastic used in toys to scratch up like that without a fair amount of elbow grease. If the resin is so pliable that it scratches that easily, it should be fairly easy to scrape off chunks of the stuff. Do we have anyone claiming that yet?

I wonder if Apple is going to demand that the iPods owned by these people be subjected to microscopic analysis to determine what really caused these scratches. I hope so because this is plainly absurd to be claiming that it got so badly scratched so quickly while taking proper care of it. This matter definitely smells enough like fish to be so closely tied to the legal profession.
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Sondjata
Returns
0
11/07, 7:41pm, EST
Why haven't any of these people returned the product? If you are unsatisfied with a product you take it back for a refund. If one want's to sue for a restocking fee, that's one thing, but I don't see how under law you can sue a manufacture while you keep the product.

This is one case where I hope Apple countersues for abuse of judicial process and I hope this whole thing is done with a summary judgment.
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mpbritt
Where's my scratches?
0
11/07, 7:50pm, EST
I've had an iPod Nano, white, for about 3 weeks now and I carry it around in my coat pocket with my mobile phone. There's no scratches on the screen. When it does get scuffed I just wipe it off with the same cloth I use to clean my glasses. These people are nuts.
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LordJohnWhorfin
The real shame...
0
11/07, 8:39pm, EST
...is that regardless of the issue's merit, the only people who get anything out of these are lawyers, who squeeze tens or hundreds of millions out of Apple while the rest of us end up with crappy $20 coupons.
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mikemako
This is a problem
0
11/07, 9:32pm, EST
With this many complaints coming in, it really seems that this is a serious problem. If that many people are dissatisifed then Apple needs to do something about it and fast.

One of the people I work with got one for her kid, whom she has always said is very crazy about keeping his things in perfect condition. Apparently, after only a couple weeks of use, it has scratches all over it. She knew nothing of these lawsuits and does not follow Apple news, but even she was complaining about this.
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kw99
Desperate Competitors
0
11/07, 10:10pm, EST
This is plainly the last tactic available to Apple's desperate MP3 player competition. If you can't beat them, covertly fund some bad PR. I've gone to CompUSA to play with the display Nano. It was black. Yes, it had some scratches, but it did not look like it was what is being described by these lawsuits. They were still nice looking and clearly still useable.

Sondjata has it right. If you don't like it, take it back.

> If that many people are dissatisifed

Exactly how many is "that many" anyways... (compared to the millions being sold).
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porieux
um
0
11/07, 11:49pm, EST
who says the nano is NOT supposed to get scratched?

that would be apple's call...
Baninated
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dougalzene
do i know you
0
11/08, 4:26am, EST
I'd be interested to know how many degrees of separation lie between the plaintiffs and the key figures (or legal reps) for the competition.

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LouZer
Right,,,
0
11/08, 8:48am, EST
That's right folks. Anytime someone does something that can be construed anti-Apple, they either a PC/MS ass-kissers or work for the competitors to bring Apple down. Yeah, that's it. It certainly couldn't be the general public, since we know EVERYONE loves apple, and apple doesn't make a single malfunctioning or defective products!

Well, OK, let's rephrase that. They aren't known to make a defective or malfunctioning iPod product. If you ignore some of the minor complaints about sound quality, static, and general locking up (which I'm sure are few and far between).

Their computer department, on the other hand, makes nothing but faulty products that need to be fixed (mini video, iBook video, PBG4 hinges and LCD spots, iMac exploding capacitors, PMacs with hairdryer for fans, but that's it, all their other computers are A-OK!)

But iPods. Nah. I'm sure they always get it right with that.
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Coil0110
OMG
0
11/08, 8:53am, EST
Apple already said they would accept returns and replace peoples scratched nanos. This lawsuit is irrelevant, frivolous and the unfortunate targeting of a growingly popular corporation. But maybe thats because I'm a shareholder.
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