04 Aug 2009
Apple has attempted to gag owners of exploding iPods who apply for a refund. The situation came to light after 11-year old Ellie Stanborough was given an iPod Touch, which developed a serious battery problem.
"It made a hissing noise," her father told The Times. "I could feel it getting hotter in my hand, and I thought I could see vapour."
Mr Stanborough threw the device out of his back door, where "within 30 seconds there was a pop, a big puff of smoke and it went 10ft in the air".
The family contacted Apple to get a refund for the faulty hardware, but were told that they would receive compensation only if they signed a gagging order preventing them from discussing the exploding iPod with anyone.
Apple also declined to admit liability for the fault, and said that it would sue for damages if the gagging order was breached.
Mr Stanborough refused to sign the order. "I thought it was a very disturbing letter. They are putting a life sentence on myself, my daughter and Ellie's mum, not to say anything to anyone," he said.
"If we inadvertently did say anything, no matter what, they would take litigation against us. I thought that was absolutely appalling. We didn't ask for compensation, we just asked for our money back."
Increasing numbers of reports are emerging of problems with the iPod's lithium batteries. The Japanese government has issued a warning on the matter, and Apple currently faces a legal suit in Ohio after an iPod allegedly exploded in a child's pocket.
Apple will no doubt be looking to avoid the cost of a battery recall, similar to that which had to be carried out by the company and many others over exploding laptop batteries.
In 2006 Apple had to recall 1.8 million laptop batteries over similar problems. With over 170 million iPods sold so far, the cost of a recall could be staggering.
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Gagging is illegal and suing for telling is laughable
Apple have lost the plot. Trying to gag a customer who wants their monrey back for a faulty product is illegal and if the customer went to court Apple would pay, big time. Now the better lawyer bit. Having rejected the refund on this basis and telling their story, the customer is threated by Apple - wow. I'd love to see that one go to court as well - an even bigger settlement. Time for a class action soon I think. To others on this thread - yes, of course there is faulty merchandise all the time. Its the illegal way Apple are handling this fault that is the issue. Your obligation as a Retailer/Manufacturer is to refund the money for faulty goods. Threatening to sue customers is just about as low as they can get and a very good way to lose customers. These types of batteries have given trouble in the past - I wonder why they haven't learned how to avoid it yet.
Posted by: Ronnie 20 Aug 2009
Make ipod safe
Is it safe to use? nobody knows Are the people which got hurt, were refunded from Apple? nobody knows. Will the neex generations be safer? Apple knows ?
Posted by: Dorin 18 Aug 2009
Come the revolution!
Apple: Tesco: Dixons: Curry's: Just some amongst several of the brands/suppliers who treat their customers as cash cows and with utter contempt. If these corporates do not change their way of dealing with bona fide complaints and customer enquiries I feel that common justice will see that they are amongst the first up against the wall come the (consumer) revolution. In the meantime, everyone should exercise your inalienable right to hit these money grabbers where it really hurts and not buy their goods. It is our choice - we have the power!
Posted by: BuzzArt 12 Aug 2009
and where is the UK's Trading Standards office - Hiding
The UK Trading Standards Office which deals with looking at unsafe and dangerous goods should be standing up and making sure Apple recalls the IPods and replaces the battery in them. Or is this another case of the Spectre of Big companies making payoffs to Governments to hide the shocking (Actually in this case) truth about Corporates flouting consumer goods laws. If this was a small company, they would be hounded into bankruptcy, But Hey it is a big corporation and the kickbacks are HUGE,
Posted by: Percy von sludge bucket 05 Aug 2009
They look like they have a problem ...
I was on holiday last week with my ipod touch, and came to use it and found it would not switch on, thinking it was a low battery I put it on charge, then tried after a few minutes to switch it on but it would not respond, even to a re-boot. At this point I noticed it was VERY HOT, so I took it off charge, and after a few more failed attempts to re-boot, I decided to put it in the fridge to cool down as it was almost too hot to touch. After about 30 mins I took it out and tried a re-boot, and it showed the apple logo and started up, once running it has carried on like nothing was wrong. I suspect the microprocessor was in a fault loop, which caused the overheating, and me charging it when not needed did not help, what would have happened if I had not cooled it I dread to think ... will Apple own up to a possible problem on these ipods .. ?
Posted by: WBA Ecclestone 05 Aug 2009
Nasty nasty tactics, shame on those people
if you screw up -come clean -everyone respects that and a problem cured is good public relations. Now we can all pour scorn on some very nasty marketing types who who would never buy a used car off, let alone a high tech product. Fire the fools and get back some cusomer support and restore loyalty. PS I won't buy one now. I'll wait and buy something safer.
Posted by: archie.lukas 05 Aug 2009
Sale and Supply of Goods to Consumers Regulation 2002
In UK these regulations protect consumers and the company has to compensate them for faulty goods. The family should go to their local Trading Standards Officer who will ensure that Apple obey the law. The consumer has an absolute right to choose whether to accept a refund of costs or replacement of the goods and the company has no right to apply any conditions.
Posted by: misceng 05 Aug 2009
I feel sorry about people brainwashed by brands
Corporation is always a corporation. The more successful and biger it gets, the less it give a s*** about you.
Posted by: Bart 05 Aug 2009
I will never buy anything Apple again
Unbelievable. Absolutely disgusting behaviour by a company that's supposed to be a shining example of excellence. If Apple have placed lives at risk, they should be held accountable - it's that simple. I for one am sick and tired of these large corporations walking all over "the little guy" and using their dominance and power irresponsibly. No-one can break the law with impunity.
Posted by: Scott Deagan 04 Aug 2009
Apple At It Again!
Blackmail now is it? I'm sure that various Apple sychophants will dream up some excuse in to this article.
Posted by: Jebediah Shapnacker 04 Aug 2009
Lithium batteries
Small battery- small bang. Electric cars? Big batteries - big bangs?
Posted by: John Campbell 04 Aug 2009
Apple need to be put in their place!
I like Apples innovation as much as the next man, BUT, someone should help them understand that if any of these was to explode and rip a persons eye out or leave them facially scarred for life then there will be HUGE repurcussions, and gagging orders in my opinion really go against free-press, the truth is the truth, as long as no one exagerrates the truth, then the truth shud be told so that others can make informed decisions like not buying devices with certain serial numbers etc in order to avoid ending up with a 'popping' device which could result in serious bodily injury.
Posted by: SXS 04 Aug 2009
Nice happy, smiling, cool trendy Apple (with the Lawyers)
Apple are so cool, they're much cooler than Microsoft with their dull, business orientated PCs. You go to an Apple store and all the employees are so laid back and smiling, they want to be your best friend, they're not massively smug in any way whatsoever. Until you ask something against the Apple line, like "why isn't it easier to assign a custom ringtone on my iPhone?" Suddenly the tone changes, you're not supposed to ask questions like that, the smile becomes more false with a slight hint of a snarl, you'd best leave now - you're disrupting the other worshippers. Microsoft aren't the nicest of companies, but they never pretended to be, Apple are way worse, the whole facard is fake, the company behind the brand are bully boy control freaks and once you see this, as nice as the hardware is, it's slightly unsettling. It's like asking to leave a cult and the leader not wanting you create disent, you have to be dealt with, quietly - call the lawyers!
Posted by: Ian 04 Aug 2009
Disreputable Apple
Best everyone stops buying Ipods if thats Apple's response to them selling potetially dangerous goods. Box them all up and demand refunds.
Posted by: Bob 04 Aug 2009
better than a zune...
I think everyone's misunderstanding the reason for the gag order. The truth is that the girl was accidently shipped a prototype of the upcoming iSplode, and Apple was merely trying to protect their intellectual property and trade secrets. Besides, she was probably trying to jailbreak the thing and as we all know (because Apple told us) that is a national security threat. Still, I'll take an exploding iPod over a Zune anyday.
Posted by: Apple FanBoy 04 Aug 2009
Oooh another propaganda attempt..
What a load of rubbish! Every man made product is open to flaws, nothing is perfect im afraid! This is just another feeble attempt by the Microsoft establishment at discrediting Apple on the eve of both companies releasing their next generation operating systems. PC users are just scared because Apple are pulling further and further forward and the ipod is untouchable in sales terms! Get over it!
Posted by: Garry W 04 Aug 2009