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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