News
October 24th, 2005, 11:25 PM
Apple Sued Over Defective Nano iPods*edited*
The lawsuit states that Apple knew the units they shipped were defective.
By Frank Ling, GN Writer
Monday, October 24, 2005
Apple is being sued in a class action lawsuit for allegedly selling defective “iPod Nano” music players. The iPod Nano is one of a series of MP3 music players offered by Apple Inc. The iPod brand is the world leader in portable music machines and holds a 75% market share. The lawsuit, filed in San Jose, California by Hagens Berman Sobol Shapriro of Seattle on behalf of lead plaintiff Jason Tomczak, states that Apple knew the units they shipped were defective but sold them in spite of this prior knowledge.
Tomczak’s lawyers stated, "Although it was clear that the Nano was defective, with fierce competition in the digital music industry, Apple decided not to delay the release of the defectively designed Nano, but to pass the cost of replacing the defective product along [to the consumer]."
The allegations stem from the iPod’s main screen, which scratches easily. The scratches accumulate so quickly that the screen is rendered unreadable, thus rendering the unit completely useless. According to Tomczak, who purchased his “Nano” on a Monday morning, “…by Monday night, despite the fact that I had treated it delicately and barely handled it, I noticed tons of fine scratches in the finish. ... I used my Nano maybe three times, kept it in a soft-lined case when it wasn't in use, and by Friday, I noticed more scratches.” Tomczak returned the defective unit to Apple and was charged $25 for shipping and handling.
Steve Jobs, upon the launch of the Nano iPod, pulled it directly out of his pocket. Tomczak said, “Steve Jobs pulled a Nano out of his pocket when they announced it, implying it is an acceptable way to carry it, but I wouldn't."
The plaintiffs in the case are suing for the $25 shipping fee, the cost of the product and damages. Since this is a class action suit, if successful, anyone who purchased the iPod Nano, could be part of the settlement. The legal firm taking the case said, "This consumer class action arises from Apple's deceptive and unlawful conduct in designing, manufacturing, distributing, and selling defectively designed portable, digital music players."
In its defense, Apple has stated that the Nano’s faceplate is made of the same material that is used on Apple’s other iPod machines, which have not garnered any of the same complaints.
The lawsuit states that Apple knew the units they shipped were defective.
By Frank Ling, GN Writer
Monday, October 24, 2005
Apple is being sued in a class action lawsuit for allegedly selling defective “iPod Nano” music players. The iPod Nano is one of a series of MP3 music players offered by Apple Inc. The iPod brand is the world leader in portable music machines and holds a 75% market share. The lawsuit, filed in San Jose, California by Hagens Berman Sobol Shapriro of Seattle on behalf of lead plaintiff Jason Tomczak, states that Apple knew the units they shipped were defective but sold them in spite of this prior knowledge.
Tomczak’s lawyers stated, "Although it was clear that the Nano was defective, with fierce competition in the digital music industry, Apple decided not to delay the release of the defectively designed Nano, but to pass the cost of replacing the defective product along [to the consumer]."
The allegations stem from the iPod’s main screen, which scratches easily. The scratches accumulate so quickly that the screen is rendered unreadable, thus rendering the unit completely useless. According to Tomczak, who purchased his “Nano” on a Monday morning, “…by Monday night, despite the fact that I had treated it delicately and barely handled it, I noticed tons of fine scratches in the finish. ... I used my Nano maybe three times, kept it in a soft-lined case when it wasn't in use, and by Friday, I noticed more scratches.” Tomczak returned the defective unit to Apple and was charged $25 for shipping and handling.
Steve Jobs, upon the launch of the Nano iPod, pulled it directly out of his pocket. Tomczak said, “Steve Jobs pulled a Nano out of his pocket when they announced it, implying it is an acceptable way to carry it, but I wouldn't."
The plaintiffs in the case are suing for the $25 shipping fee, the cost of the product and damages. Since this is a class action suit, if successful, anyone who purchased the iPod Nano, could be part of the settlement. The legal firm taking the case said, "This consumer class action arises from Apple's deceptive and unlawful conduct in designing, manufacturing, distributing, and selling defectively designed portable, digital music players."
In its defense, Apple has stated that the Nano’s faceplate is made of the same material that is used on Apple’s other iPod machines, which have not garnered any of the same complaints.