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  • Class Action Lawsuit Brought Against Apple

    Nano Owners Sue Apple

    Lawsuit alleges music players screen scratches easily, rendering it unreadable.
    October 20, 2005

    Consumers angry about what they say is the iPod nano screens tendency to scratch easily have filed a class-action lawsuit against Apple Computer, saying they want their money back plus a share of the companys profits on the music players sales.

    The complaint, filed in the U.S. District Court in the Northern District of California in San Jose on Wednesday, essentially brings complaints about the ultra-slim device that have been festering on blogs and message boards into the courts.

    The lawsuit was filed on behalf of nano owner Jason Tomczak and others who have purchased the device. The lawsuit alleges Mr. Tomczak rubbed a paper towel on his nanos face and that alone left significant scratches.

    The lawsuit charges screens on the tiny flash-based digital audio players 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.

    The plaintiffs are represented by law firms Hagens Berman Sobol Shapiro and David P. Meyer & Associates.

    Scratch complaints about the iPod nano, unveiled September 6, have been the subject of many web message boards, blogs, and news stories (see Techspin: Scratched iPod nanos). The lawsuit cites several of these Internet comments.

    Apple did not return a phone call and an email seeking comment Thursday.

    The lawsuit did not appear to faze investors. Apple shares closed up $1.20 to $56.14 Thursday.

    The plaintiffs are asking for damages including the price paid for the nanos, statutory and punitive damages, and attorneys� fees. They are asking for a share of nano profits.

    Apple has sold more than 1 million units of the nano since its launch.


    Link

    OK, so first off I don't own a Nano, nor have I handled one for more than a few seconds (at Best Buy) so I don't have any personal experience with the iPod Nano WRT whether or not it scratches easily. I've seen many posts online from people saying the screens scratch if you breathe on it, and others who have said nothing short of an Abrams tank will scratch it. For the sake of argument, let's say they do scratch if you rub a paper towel on it. Enter this lawsuit, where they don't just want a full refund, and maybe an extra 10 dollars; no, they wan't their money back along with a share of the Nano's profits, on top of statutory and punitive damages, and lawyer fees.. This is reminiscent of the music executives who wanted a piece of the iPod pie (making a greater profit by selling their songs through iTunes in comparison to a CD is not enough).

  • #2
    well...

    I am torn...

    on one hand, I feel bad for the people...

    but on the other hand, I say, THATS WHAT YOU GET FOR WASTING YOUR MONEY ON A PIECE OF **** PRODUCT
    To us, it is the BEAST.

    Comment


    • #3
      I don't feel bad for the people. You pay your money, you take your chances, especially on cheap consumer items. Throw the damn thing away, chalk it up to experience and move on.

      Comment


      • #4
        caveat emptor or "let the buyer beware". Refund and thats the limit of liability in my opinion.
        One day Canada will rule the world, and then we'll all be sorry.

        Comment


        • #5
          and those things start at like $200







          do they come with any kind of warranty?
          To us, it is the BEAST.

          Comment


          • #6
            Originally posted by Sava
            and those things start at like $200







            do they come with any kind of warranty?
            Apple refunded those customers who had bought Nanos with defective screens - that is, screens from a certain vendor batch that Apple admitted would crack easily, and certainly iPod screens should hold up and be able to take a bit of a beating, so maybe there is validity to the claims of the Nano scratching too easily, but these guys are just greedy.

            Comment


            • #7
              yeah, but in a class action lawsuit, if they win, they will all probably get like 15 cents...

              To us, it is the BEAST.

              Comment


              • #8
                Not if they actually get a share of the Nano's profits (which I doubt they will).
                “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                - John 13:34-35 (NRSV)

                Comment


                • #9
                  I think you are not supposed to use a file on it.
                  (\__/) 07/07/1937 - Never forget
                  (='.'=) "Claims demand evidence; extraordinary claims demand extraordinary evidence." -- Carl Sagan
                  (")_(") "Starting the fire from within."

                  Comment


                  • #10
                    Originally posted by Imran Siddiqui
                    Not if they actually get a share of the Nano's profits (which I doubt they will).
                    Is there a precedent for that? I've never heard of a class action suit getting a share of profits for damages.
                    “As a lifelong member of the Columbia Business School community, I adhere to the principles of truth, integrity, and respect. I will not lie, cheat, steal, or tolerate those who do.”
                    "Capitalism ho!"

                    Comment


                    • #11
                      People who buy Apple products deserve what they get.
                      Why can't you be a non-conformist just like everybody else?

                      It's no good (from an evolutionary point of view) to have the physique of Tarzan if you have the sex drive of a philosopher. -- Michael Ruse
                      The Nedaverse I can accept, but not the Berzaverse. There can only be so many alternate realities. -- Elok

                      Comment


                      • #12
                        People who buy Apple products deserve what they get.


                        Yep.
                        KH FOR OWNER!
                        ASHER FOR CEO!!
                        GUYNEMER FOR OT MOD!!!

                        Comment


                        • #13
                          How are they justifying that "percentage of profit"? An Ipod is a luxury item, one does not lose health or income if the screen is scratched...

                          I hope this get laughed out of court...
                          I've allways wanted to play "Russ Meyer's Civilization"

                          Comment


                          • #14
                            Remember we´re talking about the US
                            I will never understand why some people on Apolyton find you so clever. You're predictable, mundane, and a google-whore and the most observant of us all know this. Your battles of "wits" rely on obscurity and whenever you fail to find something sufficiently obscure, like this, you just act like a 5 year old. Congratulations, molly.

                            Asher on molly bloom

                            Comment


                            • #15
                              Originally posted by Tattila the Hun
                              How are they justifying that "percentage of profit"? An Ipod is a luxury item, one does not lose health or income if the screen is scratched...

                              I hope this get laughed out of court...
                              I don't think they'll get it, but I think the legal argument is that Apple used fraud in selling the Nano's and thus all people who bought the Nano should get some of that money back.
                              “I give you a new commandment, that you love one another. Just as I have loved you, you also should love one another. By this everyone will know that you are my disciples, if you have love for one another.”
                              - John 13:34-35 (NRSV)

                              Comment

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