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Apple faces another Nano suit
By Jim Welte - MP3.com
February 13, 2006 at 05:50:00 PM | more stories by this author

Latest in a series of iPod-related lawsuits demands that Apple replace scratched Nanos for free instead of charging $25 replacement fee.

Jobs pulling the Nano out of his pocket. Jobs pulling the Nano out of his pocket.

It was a moment that fawning digital music fans and gadget geeks alike cheered.

When Steve Jobs pulled the iPod Nano from the little coin pocket of his jeans in unveiling the tiny music player last September, it became the defining image of the new, impossibly small and sleek player.

But little did Jobs know that it was also an image that would fuel a series of lawsuits against his company.

Claiming normal actions like removal from a pants pocket causes scratches on the colorful Nano screen, a Los Angeles consumer group filed a lawsuit against Apple late last week. The suit demanded that the company provide free replacements for what it called scratch-prone Nanos.

It was yet another in a string of lawsuits filed over scratched Nano screens. According to Apple's latest quarterly filing with the Securities and Exchange Commission, a dozen lawsuits were filed between October 19 and January 9 over the matter.

The latest comes from Foundation of Taxpayer and Consumer Rights and its plaintiff, Clark Sioson of San Mateo County in the San Francisco Bay Area.

"Contrary to Apple's representations, the iPod Nano is defective," lead attorney Bruce Simon wrote in the complaint, which aims to be made a class-action lawsuit.

It claims that the efforts Apple made last fall to address the scratch problem (Apple offered to replace those Nanos that sustained cracked screens) weren't enough. Apple now ships protective sleeves for all new Nanos and has denied there is any design flaw in the device.

But while it has replaced Nanos with a cracked screen, it has charged customers who want a scratched Nano to be replaced a $25 fee, according to the lawsuit.

That fee breaks Apple's warranty on the Nano, the suit claimed, and the company must replace all damaged Nanos and alter its warranty to state that scratching and cracking will be covered by Apple.

Apple has sold more than 42 million iPods, by far the most popular MP3 music player on the market, with companies like Creative and SanDisk battling it out for second.

In addition to the scratched Nano lawsuits, the company has also been sued for damaging the hearing of its users, although the plaintiff in that case does not claim to have sustained any hearing loss.

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8 Comments

Oldest First | Newest First
super duper
Posted 05/28/2009 11:40pm
Ik besliste uw guestbook te ondertekenen
Posted 05/25/2009 9:12am
been looking for this stuff long time
Posted 05/24/2009 7:47pm
nanos suck, the bigger ones are better
Posted 03/21/2006 4:46pm
Does it work for the Video also?

Posted 02/23/2006 6:54pm
I purchased a Nano and stupidly did not protect it, within the space of a week it was completely covered in scratches even though I had been very careful. I recently purchased a 30G video and bought a case for it at the same time. I thought that by doing this I had protected it well and there should be no problems. Within 2 days the cover had scrated the ipod and I now have a large scratch on the front of the screen (very annoying & makes it hard to watch videos) and am extremely dissapointed in apple. For a cost of £220 for the i-pod and an additional £25 for the case (not to mention the other costs for all other bits)- you'd have thought this was well protected - I was wrong. I think apple need to ensure that better protection is used in the future and that they reimburse customers who have suffered as a result of their negligence not ours!
Posted 02/14/2006 11:19am
I think the Nano is cool, and can fit several gigs of music into the tiny plasic MP3 player. I may not like the screen, but I think if you can afford the Nano, you can afford the fee, and Apple shouldn't have to- or at least you can afford some type of protection, such as a case to where you didn't have to pull it out of your pocket. I yhink the Nano is a nice piece of technology, and that if you would like to buy one, you should protect it well, although I do know somebody who broke a Nano's screen. I think that covering scratches and cracks on millions of MP3 players is a bit much to do, even for a company like Apple.
Posted 02/13/2006 9:07pm
I really don't like the nano.
Posted 02/13/2006 7:18pm
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