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Apple Settles iPod Nano Scratch Lawsuit with $25 Refund

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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."
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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
 
Article Link
https://www.macrumors.com/2009/01/23/apple-settles-iphone-nano-scratch-lawsuit-with-25-refund/
I had one of those nanos, though I wouldn't say the scratches impaired my enjoyment of it -- it still played music. Anyway, I've moved on to two different iPods since then (now just use iPhone). Trying to get $25 from this now would just be wrong...
 
Hmmm, now what to do with my $15.

I never understood these types of complaints though. Its a piece of plastic. If you carry it around in your pocket or scrape it up against things, it will scratch. It still works, it just doesnt look pretty anymore. Not a big deal, right?
 
Rojo said:
I had one of those nanos, though I wouldn't say the scratches impaired my enjoyment of it -- it still played music. Anyway, I've moved on to two different iPods since then (now just use iPhone). Trying to get $25 from this now would just be wrong...
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It is not wrong, it is the conclusion of a class action settlement.

What can we conclude from this?
Class action cases take YEARS.
In the end the outcome is very little on an individual basis.
Many of us will not remember to bother to get our $25.00.

TheSpaz said:
Just....... wow. How about the cracking iPhones? Why don't they do something about that instead?
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See my previous statement. Class action lawsuits take years and years.
 
That $25 won't fix my horribly scratched nano, but it will cover some parts for my iPod 5g. I break even again like Jerry Seinfeld. Ya know, that washed up bit of 90's nostalgia that is friends with The Gates.
 
Trying to get $25 from this now would just be wrong...
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I would think letting companies get away with this type of thing would be more wrong. You can be sure Apple will not be making this mistake again if they lose more money than they saved by using low end plastic, it will also deter other companies from screwing their customers as well by cutting corners to increase their margins.
 
stainlessliquid said:
I would think letting companies get away with this type of thing would be more wrong. You can be sure Apple will not be making this mistake again if they lose more money than they saved by using low end plastic, it will also deter other companies from screwing their customers as well.
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What? It scratched. Plastic scratches. Making something that scratches is both not "wrong" and not a "mistake". As I'm sure you know, even in the world of Apple, consumers won't pay for diamond-coated everything.

Does it scratch more? Ah, well, then take care of it more.

How much of each product do you buy (from Apple, or elsewhere) goes directly into the legal fund? Perhaps if Apple didn't have to defend itself so vigorously against frivolity, the cost of these products would be either reduced, or more money would go into research or employment.

Try looking at things from the persepctive of the manufacturer in a competitive market.
 
mainstreetmark said:
What? It scratched. Plastic scratches. Making something that scratches is both not "wrong" and not a "mistake". As I'm sure you know, even in the world of Apple, consumers won't pay for diamond-coated everything.

Does it scratch more? Ah, well, then take care of it more.

How much of each product do you buy (from Apple, or elsewhere) goes directly into the legal fund? Perhaps if Apple didn't have to defend itself so vigorously against frivolity, the cost of these products would be either reduced, or more money would go into research or employment.

Try looking at things from the persepctive of the manufacturer in a competitive market.
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You clearly have no idea how bad the plastic was on the ipod nano and 5g ipod. It was unacceptable how soft it was, some people could barely read the screens anymore because of how badly it would scratch from just being in their pocket. No one gets sued because a product isnt scratch proof, they get sued when the product scratches so ridiculously easy that it gets ruined from normal use or requires you to buy something just to protect it from getting ruined.
 
Yes it is a big deal. The screens also scratched resulting in not being able to read the screen.


tkidBOSTON said:
Hmmm, now what to do with my $15.

I never understood these types of complaints though. Its a piece of plastic. If you carry it around in your pocket or scrape it up against things, it will scratch. It still works, it just doesnt look pretty anymore. Not a big deal, right?
Click to expand...
 
mainstreetmark said:
What? It scratched. Plastic scratches. Making something that scratches is both not "wrong" and not a "mistake". As I'm sure you know, even in the world of Apple, consumers won't pay for diamond-coated everything.

Does it scratch more? Ah, well, then take care of it more.

How much of each product do you buy (from Apple, or elsewhere) goes directly into the legal fund? Perhaps if Apple didn't have to defend itself so vigorously against frivolity, the cost of these products would be either reduced, or more money would go into research or employment.

Try looking at things from the persepctive of the manufacturer in a competitive market.
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Why should Apple Legal get paid such huge sums of money and holiday bonuses when they could have the one man legal team that can sum it up in a couple paragraphs like this? If only the judge would have heard the argument "plastic scratches", this 3-year class action lawsuit would have been squashed at the start... 🙄
 
Looks like I'm $25 richer. I'll take it considering how my photo iPod broke after only 16 months and was not covered under any warranty.
 
theheadguy said:
... If only the judge would have heard the argument "plastic scratches", this 3-year class action lawsuit would have been squashed at the start... 🙄
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I heartily agree that "plastic scratches", but it's the ease of scratching that's in question in this case. Was the product fit for its intended purpose?

As an analogy, take the statement "paint fades": It's a fact, can't dispute it, yes? Now consider you've just bought a brand new red Ferrari and - within a year - its paint has faded to Barbie pink!

Would "paint fades" be an acceptable response from the manufacturer?
 
emt1 said:
Hard to fake a serial number...
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I meant people who have Nanos that they don't use, just claiming so they can get the $25, regardless of whether they actually deserve it...


I have a nano, I don't use it anymore, therefore I won't claim (I don't even think I can in the UK)
 
stainlessliquid said:
I would think letting companies get away with this type of thing would be more wrong. You can be sure Apple will not be making this mistake again if they lose more money than they saved by using low end plastic, it will also deter other companies from screwing their customers as well by cutting corners to increase their margins.
Click to expand...

I'm not usually one to defend Apple if they do something stupid, but they never promised anyone scratch-resistance.


If this was another electronic company, I don't think there would have been a class action lawsuit. Over what? Whenever you don't like something, don't buy it again. There are a myriad of reasons not to buy a product again, and "prone to scratching" is one of them. If you buy a pair of shoes that aren't comfortable, and lots of people also don't find them comfortable, that company simply gets punished when it loses customers in the future (i.e. they don't have repeat buyers).

I switched from Adidas (uncomfortable) to New Balance (better) to Brooks.
I switch from Sony Ericsson (easy to scratch, joystick breaks) to Nokia (no issues).
I switch from iPods to Nokia 5800 (mobile phone...as mentioned above).
My parents switched from Volvo (worse) to Hyundai (better overall).

That's what normally happens. I switch because I'm a consumer. I switch because I can choose the best product offered in the market we're in.

There are simply far too many people who are too weak to just switch to a non-iPod. The alternatives aren't inferior. If you're the type of customer who's going to complain about a certain product, but would continue to buy the same product in the future, then I guess the class action lawsuit is OK. However, let me ask you: how does $25 ever compensate you for the scratched screen? $25 doesn't fix anything at all. 😕


Saying that, the only time I think it's necessary to have a class action lawsuit is when you're promised something in an advertisement, but don't get it. For example, the battery life of your laptop. If you can't get the same battery life under the usage patterns that they used to test the laptop, then I call BS on Apple (or anyone else). If there should be a class action lawsuit against Apple, this is one area where it would make sense.
 
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 :/
 
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