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08 Nov 2005
Consumers from the UK and Mexico have joined the high-profile US class action lawsuit against Apple, alleging that the iPod Nano is defective in design because excessive scratching of the screen occurs during normal use.
The international plaintiffs filed their actions in the US District Court for the Northern District of California.
According to the complaint the world's largest manufacturer of portable music players knew of the iPod Nano's design flaws, but chose to ignore them in an effort to speed the product to market.
The plaintiffs further allege that the defect is a result of a much thinner layer of resin used in the Nano that does not provide adequate protection from scratching.
This follows a similar class action case filed on 19 October against Apple on behalf of iPod Nano users in the US.
Steve Berman, lead attorney on both cases, attributed the second suit to the large number of international requests to be included in the US class action.
"Apple's iPod Nano has sold in record numbers around the world, just as it did in the US," he explained. "It seems that wherever the Nano is sold, problems with the defective design soon follow."
Berman added that the global response reveals that this is not just a small problem or a rogue batch of Nano media players. "It is a defect in the overall design that should have been rectified prior to the release," he alleged.
Ben Jennings, one of the named plaintiffs in the UK, purchased an iPod Nano in September and claims to have been extremely careful with the screen.
Despite his efforts to protect the device, Jennings stated that within a week the screen was so marred with scratches that it became hard to read.
"If I had known the truth about the problem, I would never have purchased a Nano," he said.
Berman explained that residents outside the US are able to ask the court for help since Apple is headquartered in the US.
The latest suit seeks to represent and recover money lost for all those who live outside the US who purchased an iPod Nano.
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Do you agree?
all for it!
I'm sorry to hear about the misfortune on Apple consumers purchase on the Nano. I am conducting a research paper for law school and this is my monthly lawsuit report topic. I fortunately do not have a Nano nor would I ever buy or be interested in ANY Apple product. Two years ago I was in the market for a MP3 player and considered the IPod. I thank GOD that I did my homework and read reviews on Apple products! I now have a less reputable brand of MP3 player and could not be happier with it. I?m writing this review cause I think its ridiculous how ?some? devoted apple users sit there and defend Apple regarding the scratch-able screens claiming its just wear and tear. Again, I have had my player for some time and use it multiple times everyday either exercising, commuting to and from school/work, traveling, hiking, and even in the steam room at Bally?s (no kidding!); I through my player in my pocket and in my back bag with no regard for the screen AND I DON?T HAVE ANY OF THESE PROBLEMS! Apple is one of the largest companies in history to manufacture media and computer products. They need to be on top value and customer service. It?s sad that consumers are so entrapped by the ?look? of having an IPod then the function of the product. In some areas it?s become almost like a CULT-ural epidemic. So sad! Consumers need to wake up. Good luck to all those who are apart of the suit.
Posted by: MFV 04 Dec 2005
I work hard for my money, and I expect to get what I paid for...
I bought this item thinking it was something I wanted to use when I am on the road, I am a nurse, and most of the time I work out of my home. I got this three weeks ago, and it is badly mared from the inside of my silk lining of my purse, I was told to have it fixed it would cost me 265.00 from Apple, I told him it is only 3 wks old. The service manager customer service said he can do nothing more for me. So if a silk lining of a purse can harm the Nano, can you imagine what pocket jeans can do....
Posted by: Linda Wagner 14 Nov 2005
Did you expect magic?
An iPod is just a gadget which looks elegant in the superb adverts. Isn't it disappointing that it does not change your life after you spent all that money? So now you are wingeing about the soft screen. My £20 mp3 player sounds great, isn't good-looking enough to show off, I rarely look at the screen, and it's cheap enough to be disposable. Of course, I've also bought expensive gadgets that I wished I hadn't. Life's lessons, eh?
Posted by: Bernadette 10 Nov 2005
No just the NANO
I've purchased an IPOD 30 GBs for my daughter. I talked to her to take care about this artifact which is US$ 300 worth. Unfortunately after a few days we noticed a lot of scratches. One of the guy who was in mac store told me, that some customers had complained about noticing more scratches in black color Ipod version.
Posted by: Luis Cardenas Ojeda 09 Nov 2005
scratches
yes it is true that all lcd screens scratch. Despite this my nano became so scratched within one week that i wanted to get a refund- this is before i knew that many other people were having the same problem. apple needs to refund for products that become defective from normal use.
Posted by: merritt 09 Nov 2005
Claro que si. Of Course.
All cell phones are vulnerable to scratches... But IPod nano is A thousand time more vulnerable. All mi new and ols phones are like a brand new even after 2 or 3 years of use but they have never been so scratche lika my only 2 mothn in use IPod nano-
Posted by: Jaime Galvan 09 Nov 2005
buy one then
true, most screens get scratchs. but the nano scratches easly. anything. anything that touches the screen(tee-shirt,finger,tissue,pocket liner, event the box it comes in scratches it. i bought it when it came out and the day i got it, with out putting it in my pocket or even toughing the screen i had two scraches on it. it get to the point that i can't use it for fear of scratching the already scratched screen. if i had know the product to be this fulty and prone to scratches then i wouldn't have bought it. and many people say the it is because we are apple users and want the world to be perfect but that is not the case i just want it to be reasonable fair. and i think $250 buys a certin lever of quality.
Posted by: Dilbert 09 Nov 2005
Compensation Culture
Good grief, is there anything Americans won't sue somebody for? If the spelling of half the people sending in comments is anything to go by I'd take their comments with a pinch of salt. I have a £48k motor car jointly built by Porsche and Audi, its handbrake is crap and always has been according to the reviews. Has anyone sued Porsche or Audi over this yet, no. Enjoy your Nano for what it is, look after it and stop moaning
Posted by: LB 09 Nov 2005
Not just t the Nano
I purchased the ipod shuffle. All was well until at Apples suggestion I downloaded the lates Itunes version. Now the green light stays on when I switch on and nothing can be heard. I have read on the Apple forum lots of other cases. Trying to return the defective unti or contacting Apple is a nightmare
Posted by: Greg Hawkes 08 Nov 2005
Give me a break
As always, Apple users want the world to be perfect. What material should Apple use? Diamond perhaps? I have an iMac and I scratched it real bad after an upgrade job. It annoys me, but I'm not about to sue Apple.
Posted by: Damascus 08 Nov 2005
The lawsuit is getting quite hyped.
I've had 3 different generations of iPods, and even the old ipods had screens that could be scratched. C'mon guys, every cell phones get screens scratched. This is nothing new with any lcd's, and it just being given a lot of hype by the media and some people who want their money back. If you really want to not have issues with a product, wait a little until people give their reviews about it, and from that feedback make an educated guess instead of whining and finding a lawyer.
Posted by: David Bryson 08 Nov 2005
iPod scratching
I have a iPod Nano and had one for some time and I am very happy with it. I have heard about the scratchs and screen cracks but my iPod has not suffered from it. I keep my iPod in an old mobile phone case to keep it from scratching. In fact I kept the plastic casing so I can protect it during use as well. I think the lawsuit is daft and cannot see any merit in pursing such a move.
Posted by: Peter Hutchison 08 Nov 2005
Apple's first real iPOD mistake
The ipod is a awesome music playing... but all jokes aside the screen does scratch easily plus in many cases my battery does not last as long as 14 in which the manual says it will do. I admit I have some disappointment with the player even though I am a true fan of apple products. If they recall the product I wouldnt be surprised... I mean honestly i ordered a protective case 2 months ago for the player and it still hasnt arrived to my home yet due to being on back order which is rather rediculous. I hope something good comes out of this because my screen is somewhat scratched too. I wouldnt mind a stronger replacement. Maybe ipod nano owners will have the ipod to get a video ipod or somthing like that.
Posted by: Kierre Hodges 08 Nov 2005