Apple gets sued over iPod nano

Angry owners whan compensation over scratching

23 October 2005 16:29 GMT / By Stuart Miles

We've all heard of the complaints from disgruntled iPod nano users over the easy scratching of its screen. We even experienced it when we reviewed the new player from Apple, but we never thought that someone would be that aggravated by it that they would sue Apple over the problem.

Well, that is what is happening in America. Lawyers this week filed a class action suit against Apple Computers on behalf of those who have purchased the new ultra-small MP3 player.

The lawsuit, filed Wednesday on behalf angry iPod nano owners, alleges that Apple violated state consumer protection statutes, as well as express and implied warranties.

The complaint claims that the excessive, rapid wear renders the device unusable.

The suit, filed in US District Court in San Jose California, seeks to represent millions of purchasers of the iPod Nano since its introduction in September of this year. The suit charges that Apple violated implied and expressed warranties when it began selling what plaintiffs claim are defective devices, and violated aspects of state consumer protection laws. The suit seeks compensation for purchasers of the devices.

"The amount and durability of the resin applied as a protective coating during the Nano manufacturing process is clearly defective in that it is not sufficient to adequately protect the face of the Nano from extreme scratching and ultimately irreparable damage", the lawsuit says.

The lawyers are looking for nothing less than replacement of the device, compensatory and consequential damages, punitive damages, attorneys' fees, costs of the suit, pre and post judgement interest and such other and further relief as this Court may deem necessary or proper.

Apple so far has declined to comment.

Full tags

Audio, MP3 players, Apple, iPod