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10/21/2005, 9:40am, EDT

Friday, October 21st

Lawsuit filed against Apple over iPod nano scratches

A class action lawsuit has been filed against Apple Computer over the iPod nano's suceptibility to scratches. The Red Herring reports that Jason Tomczak has filed a class-action lawsuit against Apple Computer on behalf of all iPod nano owners, demanding that customers get their money back as well as a share of the company’s profits on the music player’s sales." The complaint was filed in the U.S. District Court in the Northern District of California in San Jose on Wednesday, October 19, 2005, according to the report. The lawsuit follows numerous discussions of Nano complaints around the Web, media reports about its increased susceptibility to scratches compared to previous generations, and Apple's acknowledgement of an LCD flaw with a small set of iPod nanos.

In the complaint, Tomczak says he rubbed a paper towel on his Nano front cover and "that alone left significant scratches." In addition, the suit charges that the Nano screens "scratch excessively during normal usage, rendering the screen on the Nanos [sic] unreadable, and violating state consumer protection statutes… and causing Plaintiff class members to incur loss of use and monetary damages."


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cut of profits
0
10/21, 9:53am, EDT
Umm is this serious? I'm taking bets on summary judgment.
You may get your product replaced. You may get a coupon for some other apple product. But if this guy thinks that he's getting a cut of profits because his iPod screen is scratched, he's got to be on crack.

Gees, my 20 Giger screen got all scratched off by my "protector" I'll sue Apple AND the protector manufacturer and demand a cut of all sales to boot!!
Fresh-Faced Recruit
Joined Oct 2000
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Like most class actions..
0
10/21, 9:56am, EDT
...the lawyers will get a kajillion dollars, and the customers will get a coupon for a free drink with any order at Taco Bell.
Fresh-Faced Recruit
Joined Feb 2004
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Ridiculous...
0
10/21, 9:57am, EDT
This is absolutely ludicrous. It's going for the entire money back on the product, PLUS a share of the profits, WHILE THE LITIGANTS KEEP THE BLOODY PRODUCT. I don't care how pissed you are about your precious Nano getting a little scratch, you aren't entitled to more back than you paid for the bloody thing while keeping it. Product replacement? Maybe. Small refund? Maybe. Full refund? Not likely, at least not without return of the product in question. Refund plus share of profits? Absolutely ridiculous.
Fresh-Faced Recruit
Joined May 2004
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Vultures are Circling
0
10/21, 9:57am, EDT
Oh, I my new iPod is made of PLASTIC and it got scratched! Somebody must PAY for MY STUPIDITY! Get me a lawyer.

The ambulance chasing scum-o-the-earth are out to make a buck...

Should we be surprised?
Fresh-Faced Recruit
Joined Oct 1999
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errrrr
0
10/21, 10:02am, EDT
I just received a new credit card in the mail, there is a scratch on it. I want my balance wiped to 0 and then I want then to give me a 5,000.00 credit on the card for my pain and suffering.

So, if people are so worried about scratches, they should treat the item like it cost 5 million dollars and carry it in a bullet proof all protected carrier and make sure the only way to operate it is with the help of a robot
Fresh-Faced Recruit
Joined Aug 2005
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unbelievable
0
10/21, 10:05am, EDT
Are these guys totally INSANE? They scratched the product they purchased, and their response is to file a lawsuit against the manufacturer? I'm floored.
Fresh-Faced Recruit
Joined Mar 2001
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Ah
0
10/21, 10:07am, EDT
Isn't Apple already replacing the Nano's that are damaged? I can see a refund or replacement of the questioned productm, but what rights does he have to the profits? Bet he works for a MP3 competitor, or just a greedly little man.

Again the mess that is the civil court system rears it's ugly head. It just to damn easy to sue and the rewards are to great, especially for the lawyers. I believe lawyers should only be allowed to get paid thier time spent on the case based on their standard hourly rate.
Mac Enthusiast
Joined Apr 2001
User is offline
Join the bandwagon.
0
10/21, 10:19am, EDT
My car is scratched, I should sue!

Fercrissakes.
Grizzled Veteran
Joined Oct 1999
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Towel?
0
10/21, 10:21am, EDT
I bought a new pair of sunglasses and the guy warned me about not using a paper towel to clean them because they scratch.... So why would you use something so rough on a $300 piece of equipment.

And the whole idea of suing because of scratches is INSANE. The front of my 2004 car looks like it's been sandblasted from little stone hits and such. Should I sue my state or the car mfg?
Forum Regular
Joined Apr 2005
User is offline
Fresh out of school
0
10/21, 10:21am, EDT
Ole Tomczak must have gotten a lawyer fresh out of school to file this class action, because I know any real lawyer woulnd' agree to file suit with those demands. Nanos are only suceptable to more scratches because it is more suceptable to portablility. It can go places the regulat iPod could not. He'd probably file suit to Hummer because it got scratches on the paint when he took it off roading. (Well my Aston Martin doesn't get scratched when I drive it.)
Fresh-Faced Recruit
Joined Aug 2001
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