Apple Settles iPod Nano Scratch Lawsuit with $25 Refund

[MacRumors]

CNBC reports that Apple is in the process of settling a class-action lawsuit against the company filed in 2005. The lawsuit charged that the first generation iPod nano's screen scratched "excessively during normal usage".

According to CNBC, the settlement calls for Apple to set aside $22 million to refund iPod nano users who apply for a partial refund:

According to a notice sent out to nano owners this week, "Apple has agreed to provide a cash settlement fund of $22.5 million," and for those consumers who did not receive a "slip case from Apple when you purchased your iPod nano, you may be entitled to a cash payment of $25. If you received a slip case, you may be entitled to a cash payment of $15."

While Apple has agreed to these terms, a judge still needs to sign off on the terms on April 28th. More details are available at iPodNanoSettlement.com and eligible customers include owners of "uncoated First Generation iPod nanos".

Article Link: Apple Settles iPod Nano Scratch Lawsuit with $25 Refund

[ltldrummerboy]

It's good to see that they're making it right.

[TheSpaz]

Just....... wow. How about the cracking iPhones? Why don't they do something about that instead?

[derryquinn]

Originally Posted by TheSpaz

Just....... wow. How about the cracking iPhones? Why don't they do something about that instead?

They will in 4 generations time

[AlexisV]

Mmm. It would really annoy you in 2005, but everybody's moved on now.

Just buy a new one and be done with it.

[AP_piano295]

I still have my first generation nano I have in no way treated it with a great deal of care, no case, never worried about throwing it in a pocket with keys ect. It has some scratches it doesn't look new and pristine anymore but hey I've had it for years now.

I personally feel that it would be wrong for me to demmand a refund for a product that has preformed exactly as I expected it to and I will not be seeking my 25 dollar payment.

[Jon the Heretic]

Originally Posted by AP_piano295

I personally feel that it would be wrong for me to demmand a refund for a product that has preformed exactly as I expected it to and I will not be seeking my 25 dollar payment.

Your choice. I don't think anyone is putting a gun to your head to submit a claim.

As to myself, I've already said my piece and have already filed the claim and feel completely justified in doing so. I spent more than $25 and a LOT of my personal time (you don't want to know how much I have to bill an hour for work; not that I see much of that money) just trying to protect my nano from the rigors of gentle, casual use; this is a partial compensation for something I still use everyday.

You feel this is a moral issue for you? So do I. Consumers have rights too.

[Arran]

Originally Posted by AP_piano295

I still have my first generation nano I have in no way treated it with a great deal of care, no case, never worried about throwing it in a pocket with keys ect. It has some scratches it doesn't look new and pristine anymore but hey I've had it for years now.

I personally feel that it would be wrong for me to demmand a refund for a product that has preformed exactly as I expected it to and I will not be seeking my 25 dollar payment.

Help me out here. Was your nano in the bad batch? Does it qualify for compensation? Enter the serial number here to find out: https://roscomps3.securesites.net/ww.../claimform.php

To explain: This is such a polarized issue and I'm trying to understand if those opposed to compensation have 'good' nanos (i.e., properly coated and scratch resistant) which, I'm assuming, wouldn't qualify for compensation anyway.

Personally, I bought mine within days of them being released and it was badly scratched within hours. I'm not an industrial chemist or anything, but it seemed like the plastic (resin) face wasn't fully 'cured'. Years later, it's still soft as butter. Way, wayyyy, softer than my nano 2G which followed it.

To the, "you should've bought a case", brigade: Point taken. But there really were no cases available for weeks after release. Early owners were reportedly using Altoids tins for protection! Not like now where we have iPhone 'nano' cases supposedly appearing before the actual device

[happydude]

Originally Posted by TheSpaz

Just....... wow. How about the cracking iPhones? Why don't they do something about that instead?

hey hey, good call.

though, apple cheerfully replaced both my cracked iphone and my wife's. neither has cracked since then.

[JohnStrass]

Originally Posted by ltldrummerboy

It's good to see that they're making it right.

This is everything that is wrong with America. A consumer device gets scratched??? OMG!!!!! I am shocked ! Shocked!

Good thing the lawyers clogged up the court with this nonsense and walked away with a few million in fees.

[ddTaylor]

Originally Posted by ltldrummerboy

It's good to see that they're making it right.

Why? Mine is first gen and it is a bit scratched but $25 for that? Silly. My Brother is a Lawyer but this type of litigation gives all Lawyers a bad name - and they need little help in that respect!

D

[MacCheetah3]

Hi

Originally Posted by ltldrummerboy

It's good to see that they're making it right.

Sure they are... :: sarcastic tone of voice ::

I'd like to preface by saying that the mirrored back of some iPods is too good for itself. Why? It will become scuffed or scratched ( pretty no more ) or you have to cover it with a protective case and not be able to see it at all anyway.

Back to the point... This is one of a handful of extremely stupid lawsuits. Let's give lawyers thousands of dollars and push Apple to keep prices higher than they should be to recoup this. Is that $25 worth all that to you? I say humph to you.

[cloudnine]

I wonder if I can find my serial number... I gave it away to a friend since it pissed me off that it got scratched so easily :/

[jclardy]

And to think, I was about to sell my iPod Nano 1G for 10 bucks.

[nizz]

I have one from day 1 as well. Still love it.

I don't think I can take advantage of this even if I wanted to though. I actually can't read the serial # due to the severity of the scratches.

[discuit]

Originally Posted by nizz

I have one from day 1 as well. Still love it.

I don't think I can take advantage of this even if I wanted to though. I actually can't read the serial # due to the severity of the scratches.

You can get the serial # in iTunes.

[doubleohseven]

Originally Posted by nizz

I don't think I can take advantage of this even if I wanted to though. I actually can't read the serial # due to the severity of the scratches.

From the menu, go to Settings-->About. Your iPod Nano's serial number should be there.

Does anyone know if this refund will be available in Australia?

[happydude]

Originally Posted by nizz

I have one from day 1 as well. Still love it.

I don't think I can take advantage of this even if I wanted to though. I actually can't read the serial # due to the severity of the scratches.

when you have your ipod connected to the computer, can't you see the serial number?

[omegaphil6]

I have 2 of these units that are mangled scratch-wise.. i put the serial numbers in and it tells me that they are not first Gen iPod Nanos and arent eligible!!! WTF...

[GottaLoveApple4]

There goes 22.5 million for research and development.... Congratulations.
A class action lawsuit like this is just stupid, plastic scratches, no sh*t.
Take care of your things and this won't happen.

[theheadguy]

Originally Posted by GottaLoveApple4

There goes 22.5 million for research and development.... Congratulations. A class action lawsuit like this is just stupid, plastic scratches, no sh*t. Take care of your things and this won't happen.

Apple banked over a billion dollars in the last quarter. This won't have a .00000001% on difference on R&D. People here are making such ridiculous statements. If you bought one of the faulty nanos (before they FIXED the plastic issue) then you wouldn't be so upset that Apple agreed to make it right.

Secondly, it's moronic to think that is all the money simply lost... people have to collect it from them. It's not an automatic cost of $22.5M.

Lastly, this improves the customer experience to know that, even years later, Apple admits to its mistakes. The $249+tax I paid for my 1g nano was perfect hard cash, the nano should be free of defects just as my money was.

[nicegoogly]

Originally Posted by GottaLoveApple4

There goes 22.5 million for research and development.... Congratulations.
A class action lawsuit like this is just stupid, plastic scratches, no sh*t.
Take care of your things and this won't happen.

maybe the $22.5 million could pay for Apple to read some e-mails about copy and paste and calendar search on the iPhone? As on post said earlier, the standard is that the product must be fit for a particular purpose. It's main purpose, other than lining Apple's pocket with money, is to be a portable media player. If the unit is too frail to maintain that purpose, then the manufacturer must be responsible. Look at Microsoft and their warranty extensions. They saved a lot of face (even though they are still Microsoft at the end of the day) by extending warranties on the xbox for three years since they knew they had some serious issues with this device. The consumer did not have to wait three years for a settlement, the company saves a ton of money in legal fees (so does the consumer as the attorney leading the class action gets 1/3 plus fees (court fees, expert fees, copy fees etc...). If it had gone to trial, then the court could order attorney's fees be paid by Apple and I have not heard anything in the settlement as to that matter. Yell all you want, but at least they acknowledge they had crap product and we are willing to fix it.

I enjoy Apple's products, but sometimes they push thing with the style aspect. I have had both iPhone, yet needed to hide there great form from the world because that that sensitive chrome bezel, which still got nicks and scratches on it while being in a case.

[nookster]

Onto page two of this... and I give up reading this, it's 2005 all over again, complete with the same breed of ignorance talking like it has a clue.

Over three years on, and clearly there's a lot people around here who don't realise that early runs of 1st Gen nanos had a fascia that was made out of plastic that barely gave hardened wax a run for it's money. Without a doubt the worst I've encountered.

Putting in your pocket would scratch it, putting a case on the thing would scratch it, a micro-fibre cloth gave it lovely micro-fine scratches, you could accidently scuff it with your nail.

That thing went right back to Apple, no messing about, full refund (and they didn't argue about it either).

By comparison, my 2nd Gen silver has never been babied, never gets put in a case, and the plastic screen is completely flawless after 2 and a half years of use and abuse.

[swissmad]

Does anyone else see this is Apple under Tim Cook's first test to satisfy customers? It struck me as remarkable that Apple, the company notorious for ignoring customer demands until a product refresh, is giving away money as a peace treaty. Think of all the other things which customers have been annoyed about. Are they all going to get refunds too? This could be a potentially very bad move.

[Mr Maui]

Originally Posted by swissmad

Does anyone else see this is Apple under Tim Cook's first test to satisfy customers? It struck me as remarkable that Apple, the company notorious for ignoring customer demands until a product refresh, is giving away money as a peace treaty. Think of all the other things which customers have been annoyed about. Are they all going to get refunds too? This could be a potentially very bad move.

In case you didn't bother to read the thread ... this lawsuit began back in 2005 and has absolutely nothing to due with Tim Cook's present temporary day-to-day management of the company. The courts finally helped to bring about a resolution. Tim Cook did not suddenly step up and say, "Let's spend about 1/10th of 1% of our cash on hand to resolve a court issue that is 3.5 years old just so I can look good to people worrying about my leadership abilities. Get serious.