A judge will now decide whether the lawsuit can be grouped with similar claims to win class action status. The lawsuit claims Apple's iPod Nano scratches "excessively during normal usage." It accuses Apple of making consumers believe the Nano was durable when the company already knew different. It blames the scratching defect on the film of plastic resin that covers it to protect it from damage.
Older iPod models had thicker and stronger resin according to the suit. "Rather than admit the design flaw when consumers began to express widespread complaints ... Apple concealed the defect and advised class members that they would need to purchase additional equipment to prevent the screen from scratching excessively," the complaint continues.
Apple did admit to one problem concerning the iPod Nano. A certain batch (less than one tenth of 1%) of the iPods had screens that could be cracked easily and in some cases, broken. The company offered to replace those devices. Jason Tomczak, the plaintiff named in the California lawsuit, had earlier trouble with an iPod Nano battery too, for which he received a replacement. However, both screens scratched so bad that he couldn't view them anymore.
He, and others with similar complaints, want the $25 fee they paid to return the Nano back along with the full original cost of the devices and several other damages. The suit also claims that Apple deleted posts on its website that relate to the scratching problem.
Source:
Reuters
Written by: James Delahunty @ 23 Oct 2005 23:16
