iPod Nano Class Action Suit

MacRumors · Oct 21, 2005, 04:32 PM

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Several readers report on a class action lawsuit filed by users regarding Apple's new iPod nano device.

Quote:

The lawsuit charges screens on the tiny flash-based digital audio players “scratch excessively during normal usage, rendering the screen on the Nanos [sic] unreadable, and violating state consumer protection statutes… and causing Plaintiff class members to incur loss of use and monetary damages.”

iPod screen scratching complaints have been previously reported. Apple dismissed the issue in a previous comment stating that the nano was made of the same materials as the 4th Generation iPod.

Apple was previously sued by iPod owners due to battery failure and performance.

Lacero · Oct 21, 2005, 04:32 PM

Apple always royally screws up like this. It's like they didn't learn the lessons from their 1G and 2G iPods, and are doomed to make the same mistakes with the nano and the video iPods.

Only the 4G and minis had the best scratch resistance. Shame for Apple.

mlrproducts · Oct 21, 2005, 04:37 PM

Thats funny, my nano is fine. And what? They want a share of the profits? Hell i bet the RIAA is backing these suckers.

This won't go anywhere. Why can't people just go out and find a job and earn a living. These people should be shot for frivolous lawsuits (and no, not put in jail, that is a waste of money, they should just be shot).

plinkoman · Oct 21, 2005, 04:37 PM

this is ridiculus, the nano screen is made out of the same material every other iPod ever has been made out of, this is just a bunch of greedy bastards taking advantage of the false claims of how easy it scratches.

of note, i have a 3rd gen iPod, you know, the one with the 2 hour battery

and after almost 2 and a half years of owning it, i still get over two days of regular use on one charge. these people are full of it...

gorbster · Oct 21, 2005, 04:42 PM

Bloody idiots. They want a refund, a cut of profits AND to keep their Nanos.

It would have been smarter to use all those tens of thousands of dollars going to into the attorneys' pockets, and invest in a decent case for the iPod.

Apple's consumer-base is definitely moving outside the 'intelligent customer' bubble.

Now if you'll excuse me, I have to go file a class action lawsuit against VW for the scratches on my car.

drewpage · Oct 21, 2005, 04:43 PM

I don't understand all this uproar about the Nano scratching. I know people with Nanos and they don't scratch any more easily than any other unprotected iPod. iPods have always scratched easily unprotected. I am on my 4th iPod and I keep it in Apple's iPod carrier when its not in use. Otherwise, it would have scratches all over it. I think people just want to make a few extra bucks at Apple's expense.

hyperpasta · Oct 21, 2005, 04:44 PM

If rubbing a nano with a paper towel renders the screen unreadable, then something is wrong. But I have a sneaking suspicion that they exaggerated a bit.

ZicklePop · Oct 21, 2005, 04:45 PM

I love Apple but I hope they lose. They need to learn how to make a solid product that DOESN'T SCRATCH. First rule of product making: Don't build it like butter.

gregarious119 · Oct 21, 2005, 04:45 PM

Don't they lost a certain amount of ground for the case when they choose to spend the money on purchasing an iPod? They didn't have to buy one. Apple didn't force it upon them.

You buy it, it's your own darn responsibility to keep it from scratching. Whoever's putting their nano in their pocket with keys and coins deserves to get it scratched up.

QCassidy352 · Oct 21, 2005, 04:45 PM

This is nothing but whining. I'm sure it scratches fairly easily, but unless ordinary use actually renders it unusable, which I highly doubt, then this is crap.

Eevee · Oct 21, 2005, 04:46 PM

Although the screen is made of the exact material as the other iPods, the screen scratching issue on the Nanos is a very serious problem that Apple has been denying for a while now. I hope this lawsuit will make Apple to correct this problem.

Kobushi · 02:19 AM

Quote:

Originally Posted by mlrproducts

Thats funny, my nano is fine. And what? They want a share of the profits? Hell i bet the RIAA is backing these suckers.

This won't go anywhere. Why can't people just go out and find a job and earn a living. These people should be shot for frivolous lawsuits (and no, not put in jail, that is a waste of money, they should just be shot).

I agree. Buncha bums trying to profit from another company's success...the little sycophants.

Quote:

Originally Posted by plinkoman

this is ridiculus, the nano screen is made out of the same material every other iPod ever has been made out of, this is just a bunch of greedy bastards taking advantage of the false claims of how easy it scratches.

of note, i have a 3rd gen iPod, you know, the one with the 2 hour battery and after almost 2 and a half years of owning it, i still get over two days of regular use on one charge. these people are full of it...

I have a Genration 2 iPod, and to this day, it doesn't have a single scratch on the screen. Why? Because I have a cheap little case that has prevented it for the past 3 years! My wife made herself one for her ipod out of some cheap, albeit nice-looking, fabric. Are people really not this self-sufficient that they have to blame everyone else for their lack of vision?

Quote:

Originally Posted by 922

If rubbing a nano with a paper towel renders the screen unreadable, then something is wrong. But I have a sneaking suspicion that they exaggerated a bit.

Buy better paper towels. If anyone bothered to read a manual once in a while, they'd know to use a "soft, lint-free cloth" on just about everything (tv screens, cd's, dvd's, computer monitors, etc)

yellow5 · Oct 21, 2005, 04:49 PM

People need to quit whining. Buy a case, or don't buy a nano.

Products show wear from use. Get over it.

People are so sue happy nowadays.

Lacero · Oct 21, 2005, 04:50 PM

Quote:

Originally Posted by Eevee

Although the screen is made of the exact material as the other iPods, the screen scratching issue on the Nanos is a very serious problem that Apple has been denying for a while now. I hope this lawsuit will make Apple to correct this problem.

Yes. It might be the exact same material as the older iPods, but Apple is selling millions more nanos and new iPods now. This only exacerbates the problem ten fold. Running a paper towel over a screen should not scratch it. To have it scratch this easily, is simply ridiculous. I hope Apple wises up and makes the necessary improvements. Go back to the mini form factor and materials. There were very few issues of scratches with the minis.

JOHNGAETANO · Oct 21, 2005, 04:56 PM

Sure, and today after I drove over my iPod with my truck, my ipod was smashed into a million pieces. Apple has clearly made another faulty product.

GET A LIFE AND A JOB!!!!!!!!!!!

John

nichos · Oct 21, 2005, 04:56 PM

Didn't apple say they were going to replace the flawed screens?

plinkoman · Oct 21, 2005, 04:56 PM

Quote:

Originally Posted by Eevee

Although the screen is made of the exact material as the other iPods, the screen scratching issue on the Nanos is a very serious problem that Apple has been denying for a while now. I hope this lawsuit will make Apple to correct this problem.

umm, i hate to break it to you, but if its made of the exact same materials, which it is, then it will scratch no easier or no less easy then previous models, you cant have something made of the exact same thing, but responds to stimuli completely different, thats not how things work

devilot · Oct 21, 2005, 04:57 PM

Quote:

Originally Posted by Kobushi

My wife made herself one for her ipod out of some cheap, albeit nice-looking, fabric. <snipped and joined two of your responses> Buy better paper towels. If anyone bothered to read a manual once in a while, they'd know to use a "soft, lint-free cloth" on just about everything (tv screens, cd's, dvd's, computer monitors, etc)

But even conscientious users savvy with how to take care of tech products have noted scratches coming from soft cloths as well... If that is indeed the case, then that would be why these consumers are upset-- because even upon following the manual's suggestions, the iPod is still getting scratched up (but the paper towel thing is a bit out of line).

SiliconAddict · Oct 21, 2005, 04:57 PM

Since I've yet to even see a nano let alone use one at length I'll stay neutral in this. However..I'm dubious of the claim that

"“scratch excessively during normal usage, rendering the screen on the Nanos [sic] unreadable"

Of course with the size of the screen only a couple scratches would be needed to cover up a few lines....

Hmmm..

devilot · Oct 21, 2005, 04:58 PM

Quote:

Originally Posted by nichos

Didn't apple say they were going to replace the flawed screens?

I believe that that is to do w/ faulty nano screens that crack not just get scratched.

Sun Baked · Oct 21, 2005, 05:01 PM

Apple lawyers will probably get this kicked out of state court into the federal court system where it'll die quickly, and thank Bush for signing the Class-Action Fairness Act of 2005.

MM2270 · Oct 21, 2005, 05:01 PM

Quote:

Originally Posted by gorbster

Apple's consumer-base is definitely moving outside the 'intelligent customer' bubble.

I suppose this is what happens when you start bringing more Windoze users into the fold.

And I'd LOVE to see how any lawyer's going to prove that because a plastic screen can get scratched when it comes in contact with sharp devices, it somehow means the product is "defective" Idiots!

Lertie32 · Oct 21, 2005, 05:02 PM

Hmm... the only thing I wonder about in particular is even though it may be the same material used on the other iPod versions, is it in THINNER form? That could account for some weakness I suppose...

I have a 40G iPod Photo, but it's been in a case since the day I bought it, so I have no point of reference on iPod scratching. It seems to me that Apple should intelligently be able to assess these issues and exchange iPods if needed. IF they're being really unhelpful, a lawsuit may be necessary to get them to refund/exchange these, but I doubt it. I suspect it simply requires time and recognition of a problem trend. People are indeed awfully quick to sue many times.

On the flip side, it's awfully soon for people to be having problem issues with the Nanos that could be attributed to normal wear and tear. I'd be really ticked if I dropped a few hundred dollars on one and it started scratching too easily. If Apple told me tough luck, I could see persuing other options to resolve the matter.

I dunno... I'm on the fence about this one. Too little information available about if, how much, and why the Nanos scratch too easily. Maybe Macworld or somebody will do a lab test or comparison evaluation...

rosalindavenue · Oct 21, 2005, 05:05 PM

Quote:

Originally Posted by Sun Baked

Apple lawyers will probably get this kicked out of state court into the federal court system where it'll die quickly, and thank Bush for signing the Class-Action Fairness Act of 2005.

Uh, according to the linked article the case was filed in U.S. District Court in the Northern District of California; so its already in Federal Court.

With respect to the merits, the case seems on first glance to be both stupid and greedy; seeking punitive damages and "a share of nano profits."

/defense lawyer

fixyourthinking · 06:29 PM

Quote:

Originally Posted by Kobushi

Buy better paper towels. If anyone bothered to read a manual once in a while, they'd know to use a "soft, lint-free cloth" on just about everything (tv screens, cd's, dvd's, computer monitors, etc)

exactly ... what kinda sh1++y paper tower leaves scratches or swirl marks on even vaseline?

and ... what kind of idiot doesn't protect a $200 - $500 investment?

Oct 21, 2005, 04:37 PM	#4
plinkoman macrumors 65816 Join Date: Jul 2003 Location: New York	this is ridiculus, the nano screen is made out of the same material every other iPod ever has been made out of, this is just a bunch of greedy bastards taking advantage of the false claims of how easy it scratches. of note, i have a 3rd gen iPod, you know, the one with the 2 hour battery and after almost 2 and a half years of owning it, i still get over two days of regular use on one charge. these people are full of it... __________________ 17" PowerBook \| 1.67GHz

Oct 21, 2005, 04:42 PM	#5
gorbster macrumors newbie Join Date: Oct 2005	Ass action lawsuit Bloody idiots. They want a refund, a cut of profits AND to keep their Nanos. It would have been smarter to use all those tens of thousands of dollars going to into the attorneys' pockets, and invest in a decent case for the iPod. Apple's consumer-base is definitely moving outside the 'intelligent customer' bubble. Now if you'll excuse me, I have to go file a class action lawsuit against VW for the scratches on my car.

Oct 21, 2005, 04:43 PM	#6
drewpage macrumors newbie Join Date: Apr 2005	ugh! These people! I don't understand all this uproar about the Nano scratching. I know people with Nanos and they don't scratch any more easily than any other unprotected iPod. iPods have always scratched easily unprotected. I am on my 4th iPod and I keep it in Apple's iPod carrier when its not in use. Otherwise, it would have scratches all over it. I think people just want to make a few extra bucks at Apple's expense.

Oct 21, 2005, 04:44 PM	#7
hyperpasta macrumors 6502a Join Date: Aug 2005 Location: New Jersey	Maybe If rubbing a nano with a paper towel renders the screen unreadable, then something is wrong. But I have a sneaking suspicion that they exaggerated a bit. __________________ Aluminum iMac (Early 2009) 24", 2.66 GHz Core 2 Duo, 4GB RAM, 640GB HD 10.5 Leopard, iLife '09, iWork '09 First Gen. iPod touch, 8 GB

Oct 21, 2005, 04:45 PM	#8
ZicklePop macrumors member Join Date: Mar 2005	I love Apple but I hope they lose. They need to learn how to make a solid product that DOESN'T SCRATCH. First rule of product making: Don't build it like butter. __________________ - ZicklePop [ www.zicklepop.com ]

Oct 21, 2005, 04:32 PM	#2
Lacero macrumors 601 Join Date: Jan 2005	Apple always royally screws up like this. It's like they didn't learn the lessons from their 1G and 2G iPods, and are doomed to make the same mistakes with the nano and the video iPods. Only the 4G and minis had the best scratch resistance. Shame for Apple.

Oct 21, 2005, 04:37 PM	#3
mlrproducts macrumors 6502 Join Date: Apr 2004	Thats funny, my nano is fine. And what? They want a share of the profits? Hell i bet the RIAA is backing these suckers. This won't go anywhere. Why can't people just go out and find a job and earn a living. These people should be shot for frivolous lawsuits (and no, not put in jail, that is a waste of money, they should just be shot).

Oct 21, 2005, 04:45 PM	#9
gregarious119 macrumors member Join Date: Oct 2005 Location: Dayton, OH	Choice to buy Don't they lost a certain amount of ground for the case when they choose to spend the money on purchasing an iPod? They didn't have to buy one. Apple didn't force it upon them. You buy it, it's your own darn responsibility to keep it from scratching. Whoever's putting their nano in their pocket with keys and coins deserves to get it scratched up.

Oct 21, 2005, 04:45 PM	#10
QCassidy352 Contributor Join Date: Mar 2003 Location: Boston, MA	This is nothing but whining. I'm sure it scratches fairly easily, but unless ordinary use actually renders it unusable, which I highly doubt, then this is crap. __________________ "If Jesus Himself came back to earth and turned water to wine, half of MacRumors would say 'meh, this is red. I wanted white.'"

Oct 21, 2005, 04:46 PM	#11
Eevee macrumors 6502a Join Date: Aug 2004 Location: New Haven, CT	Although the screen is made of the exact material as the other iPods, the screen scratching issue on the Nanos is a very serious problem that Apple has been denying for a while now. I hope this lawsuit will make Apple to correct this problem.

Oct 21, 2005, 04:49 PM	#13
yellow5 macrumors regular Join Date: Jun 2005	People need to quit whining. Buy a case, or don't buy a nano. Products show wear from use. Get over it. People are so sue happy nowadays.

Oct 21, 2005, 04:56 PM	#15
JOHNGAETANO macrumors member Join Date: Jan 2002	Sure, and today after I drove over my iPod with my truck, my ipod was smashed into a million pieces. Apple has clearly made another faulty product. GET A LIFE AND A JOB!!!!!!!!!!! John

Oct 21, 2005, 04:56 PM	#16
nichos macrumors 6502 Join Date: Jul 2004 Location: Jacksonville, Fl	Didn't apple say they were going to replace the flawed screens? __________________ The Lazy Admin - A remote WMI tool for Windows administrators

Oct 21, 2005, 04:57 PM	#19
SiliconAddict macrumors 601 Join Date: Jun 2003 Location: Burnsville, Minnesota, USA	Since I've yet to even see a nano let alone use one at length I'll stay neutral in this. However..I'm dubious of the claim that "“scratch excessively during normal usage, rendering the screen on the Nanos [sic] unreadable" Of course with the size of the screen only a couple scratches would be needed to cover up a few lines.... Hmmm.. __________________ -iPod Video 160GB -MacBook Pro Core 2 Duo 2.33Ghz/3GB RAM/250GB -Newton 4700 (a.k.a iPaq 4700) -Dell 2405FPW 24" Widescreen

Oct 21, 2005, 05:01 PM	#21
Sun Baked macrumors 603 Join Date: May 2002	Apple lawyers will probably get this kicked out of state court into the federal court system where it'll die quickly, and thank Bush for signing the Class-Action Fairness Act of 2005. __________________ May you be plagued by images of Richard Simmons flouncing through you brain, and squat thrusting his way though all waking thoughts.

Oct 21, 2005, 05:02 PM	#23
Lertie32 macrumors member Join Date: Jul 2005 Location: CA	Nano nano boo boo Hmm... the only thing I wonder about in particular is even though it may be the same material used on the other iPod versions, is it in THINNER form? That could account for some weakness I suppose... I have a 40G iPod Photo, but it's been in a case since the day I bought it, so I have no point of reference on iPod scratching. It seems to me that Apple should intelligently be able to assess these issues and exchange iPods if needed. IF they're being really unhelpful, a lawsuit may be necessary to get them to refund/exchange these, but I doubt it. I suspect it simply requires time and recognition of a problem trend. People are indeed awfully quick to sue many times. On the flip side, it's awfully soon for people to be having problem issues with the Nanos that could be attributed to normal wear and tear. I'd be really ticked if I dropped a few hundred dollars on one and it started scratching too easily. If Apple told me tough luck, I could see persuing other options to resolve the matter. I dunno... I'm on the fence about this one. Too little information available about if, how much, and why the Nanos scratch too easily. Maybe Macworld or somebody will do a lab test or comparison evaluation...

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