iPod iPod Lawsuit Settled

[juho]

It says "ALL PERSONS OR ENTITIES RESIDING IN THE UNITED STATES WHO PURCHASED OR OBTAINED A NEW FIRST, SECOND, OR THIRD GENERATION IPOD ON OR BEFORE MAY 31, 2004" in the notice, so this doesn't apply outside the United States.

I probably wouldn't fill out the claim even if I could, as I'm still happy with my 3G 30gig ipod.

 

[sacear]

Can we add "sort of," "I don't know," and "I don't care" to this, and make official Macrumors dice? 😀

Maybe.

 

[sw1tcher]

Cool. I have a 3G iPod and will definitely be sending in the form. I only get ~ 3-4 hours. Took it into my local Apple store in Jan. of this year, they ran tests, and told me everything was fine. (yeah, right). My AppleCare expires in about 8 months. The $50 will go towards a new iBook or PowerBook... whenever updates are released.

 

[Object-X]

Ebay!

Darn, I don't apply. I lost my 3rd gen a few months ago. I still have the receipt too. Shucks.

Sell the receipt on Ebay, I bet some yahoo will buy it for $25 bucks.
😛

 

[firsttube]

I have a 1st gen iPod and I bought it in 2002. If I can't find the reciept, do I still get 50 bucks?
__________________

To save time, let's just assume I know everything.

I'm sorry but apparently you don't know everything.

 

[MontyZ]

This sucks. I have a 2G iPod, but, it was given to me as a gift and I don't have the receipt. It's about 4 years old now, so, I doubt the receipt still exists. But the battery is shot. I would think having posession of the iPod is enough to prove that you bought it, or someone else bought it for you.

 

[crachoar]

Jobs hooked me up with tiger and 2.7 G5 in Jan...

if u want connections, drop me a line. Jobs was my bro in college.

You did coke lines with Jobs in college? Sweet! o/\o

Anyway, I'm a little pissed about the whole 'deal' because it requires me to have my receipt to get the free battery replacement. Yeah, I keep every receipt in a shoebox...let me just find that 10GB 1G iPod receipt from 2002...

So, that kinda sucks. But I guess, it's (not much) better than nothing.

But speaking of iPods - anybody know why they randomly stopped selling the 40GB version?

 

[mkrishnan]

This sucks. I have a 2G iPod, but, it was given to me as a gift and I don't have the receipt. It's about 4 years old now, so, I doubt the receipt still exists. But the battery is shot. I would think having posession of the iPod is enough to prove that you bought it, or someone else bought it for you.

🙄

Yes, it isn't exactly like you bought your iPod from Dell! 😀

 

[voodoofish]

It says "ALL PERSONS OR ENTITIES RESIDING IN THE UNITED STATES WHO PURCHASED OR OBTAINED A NEW FIRST, SECOND, OR THIRD GENERATION IPOD ON OR BEFORE MAY 31, 2004" in the notice, so this doesn't apply outside the United States.

I probably wouldn't fill out the claim even if I could, as I'm still happy with my 3G 30gig ipod.

damn it, i don't know why, maybe if we email them and ask if our iPods are defective why aren't we getting updates to our warranties??

 

[crachoar]

Because the law doesn't bind them to servicing your iPod and because of that, they don't give a damn. Remember, Apple is still a corporation - they have an obligation to their shareholders to make money. Not please the customer. You can argue about how it's good business ethics to please and service the customer - but really, it's not going to change anything.

Your best bet is to check with your country's laws and see if there's a possbility for a class-action lawsuit against an American corporation. If so, join in on one (if there is one). If there aren't any, start one.

And if worse comes to worse - you can always write the 'pitty letter'. Explaining to Apple that you've been a life-long returning customer - and as such - they've lost your business and the business of all of your friends / family members. Hopefully they'll just send you a new iPod to shut your mouth / make you happy.

Sometimes, it helps to live within in the empire (America), rather than the colonies (anywhere else). But don't feel too bad - the conditions are still pretty outrageous for us Americans. I mean, who in their right mind is still going to have that receipt?

Ah well...you lose some, you lose some.

 

[rt_brained]

Which I think is stupid anyways. What does it matter if you bought it used? THEY still made it, and it still FAILED. You can only get the discount if you bought it new and if you still have it, so iPods that have been sold second hand are completely ineligible, which I think is bunk, especially for the 1at and 2nd gen units. A serial number and a sworn statement that you own the iPod should be enough.

There are a host of reasons why Apple's attorneys would argue for this limitation:

1) Used merchandise is typically sold "as is" with no implied warranties. (Of course, existing warranties can be transferred, but that's a different story.) Basically, you assume ownership of said merchandise at your own risk with no guarantee from Apple or the previous owner. Caveat Emptor.

2) Used merchandise is typically sold at a discount. You're paying a lesser amount because you already assume the product isn't in the exact same condition as it was when purchased from the retailer. Therefore, Apple cannot be expected to offer award money or replacement products to second-hand buyers without opening themselves up to fraudulent claims because A) They don't know the condition of the used product when it was sold; and B) Second-hand rev. 1, 2 and 3 iPods sell for widely varying dollar amounts and the award offer could easily exceed the amount paid by the second-hand buyer. Any award offer would be worth more to a used buyer than to an original buyer.

EXAMPLE: If I bought a NON-WORKING iPod on eBay for 5 bucks, should I be eligible for a $50 check from Apple?

EXAMPLE: If I figured out which revision 1-3 iPods carried the higher awards, what's to stop me from buying all of them up on eBay and cashing in? Show me where to download that "sworn statement" document and I'll stamp my signature as fast as my printer can spit them out.

You think Apple should be more forthcoming? Just look at the number of jackhole posts in this thread where owners of perfectly good rev. 1, 2 or 3 iPods are trying to figure out how they too can cash in on this award.

Yeah, I'm not sure yet if my 3rd gen. iPod problems qualify, but just as a backup maybe I'll fish around eBay and see if anyone has a fingertip they'd like to sell...

 

[cheekyspanky]

So how do we go about getting some fair treatment here in the UK as well? If someone tells me how to go about doing it, I would start a class action lawsuit as well (if there is such a thing here?).

My battery on my 20GB 3rd gen lasts around 3 hours so I'd be happy having a discount on the replacement of it.

(If you're reading this Apple feel free to just send me a new iPod 😛 )

 

[Passante]

Secind gen iPod. Still going strong. Don't know how long it lasts but it lasted through a flight from Phila to LA last week. Still had half the battery symbol.

 

[Ups85]

There are a host of reasons why Apple's attorneys would argue for this limitation:

1) Used merchandise is typically sold "as is" with no implied warranties. (Of course, existing warranties can be transferred, but that's a different story.) Basically, you assume ownership of said merchandise at your own risk with no guarantee from Apple or the previous owner. Caveat Emptor.

2) Used merchandise is typically sold at a discount. You're paying a lesser amount because you already assume the product isn't in the exact same condition as it was when purchased from the retailer. Therefore, Apple cannot be expected to offer award money or replacement products to second-hand buyers without opening themselves up to fraudulent claims because A) They don't know the condition of the used product when it was sold; and B) Second-hand rev. 1, 2 and 3 iPods sell for widely varying dollar amounts and the award offer could easily exceed the amount paid by the second-hand buyer. Any award offer would be worth more to a used buyer than to an original buyer.

EXAMPLE: If I bought a NON-WORKING iPod on eBay for 5 bucks, should I be eligible for a $50 check from Apple?

EXAMPLE: If I figured out which revision 1-3 iPods carried the higher awards, what's to stop me from buying all of them up on eBay and cashing in? Show me where to download that "sworn statement" document and I'll stamp my signature as fast as my printer can spit them out.

You think Apple should be more forthcoming? Just look at the number of jackhole posts in this thread where owners of perfectly good rev. 1, 2 or 3 iPods are trying to figure out how they too can cash in on this award.

Yeah, I'm not sure yet if my 3rd gen. iPod problems qualify, but just as a backup maybe I'll fish around eBay and see if anyone has a fingertip they'd like to sell...

Well said.

I own a 1G 5GB iPod that I got when the PC version first came out. I'm kind of obsessive compulsive in that I hate to charge any battery until its dead or almost dead. I took good care of my iPod, yet within a year my battery was down to three hours. For any of you who doubt it, the old batteries did have technical problems.

Can you use a student discount and the $50 rebate on the same product? I could get tiger for $19...

 

[Lyle]

i own an iPod that is eligible, and do have the receipt, and there is no way i will be asking for money for a product that was everything they claimed and more, and continues to work just fine thank you very much.

You are a brave and honorable man for sticking by your principles, shen.

So, anyways... Can I claim your $50, then?

 

[sparks9]

Does this apply to people in Europe too? Or is it only in the USA?

 

[crazydreaming]

just sold my 3G...

😱 Oh great, I just sold my 3G iPod a week ago! Had I known I could have got an extra $50 had I waited a week...

darn

 

[brian4610]

New Ipod - OR $50

Ok, i've read 3 of these pages, and haven't seen the answer i'm looking for.

So, I've got a 3G ipod bought in june of '03. My battery is fine, but i'm running out of space and could use the extra gigs. Would i be able to get a new ipod if i sent it in? I'm thinking no, but does anyone know FOR SURE?

Otherwise, i fill out a form and get a $50 rebate?

 

[Sharewaredemon]

Ok, i've read 3 of these pages, and haven't seen the answer i'm looking for.

So, I've got a 3G ipod bought in june of '03. My battery is fine, but i'm running out of space and could use the extra gigs. Would i be able to get a new ipod if i sent it in? I'm thinking no, but does anyone know FOR SURE?

Otherwise, i fill out a form and get a $50 rebate?

No you cannot get a new iPod if there is nothing wrong with yours.
Also, if you sent yours in they wouldn't give you a new one, they would give you the exact same type of iPod as the one you have.

Now in terms of getting that rebate, on the form you have to say that you have a battery problem (well the form says have had) and that you want the 50 bucks instead of them replacing your iPod.

What I wonder is if they will ask for you to send your iPod in, or somehow prove that your battery isn't working properly.

 

[pbook15]

Unfortunately only US owners qualify, too bad for me and the millions of others living elsewhere. Wait, I'd rather live in Canada and not get the $50 😀

 

[mrgreen4242]

There are a host of reasons why Apple's attorneys would argue for this limitation:

1) Used merchandise is typically sold "as is" with no implied warranties. (Of course, existing warranties can be transferred, but that's a different story.) Basically, you assume ownership of said merchandise at your own risk with no guarantee from Apple or the previous owner. Caveat Emptor.

How is transferring the warranty different? The manufacturer is still liable to repair any defects during the covered time. Who owns it is completely irrelivent from that standpoint.

2) Used merchandise is typically sold at a discount. You're paying a lesser amount because you already assume the product isn't in the exact same condition as it was when purchased from the retailer. Therefore, Apple cannot be expected to offer award money or replacement products to second-hand buyers without opening themselves up to fraudulent claims because A) They don't know the condition of the used product when it was sold; and B) Second-hand rev. 1, 2 and 3 iPods sell for widely varying dollar amounts and the award offer could easily exceed the amount paid by the second-hand buyer. Any award offer would be worth more to a used buyer than to an original buyer.

So? WHat's your point? The amount of reward definately is LESS than the cost of having Apple replace the battery, or the price of a new iPod, but that doesn't seem to matter. The fact that you bought the iPod from another party doesn't change the fact that Apple advertised the device to have certain characteristics, and then when it failed to deliver on that they did not offer to replace or repair the equipment.

The advertising for the iPod effects all iPods sold, not just new ones. As does Apples apparant efforts to make the battery intentionally difficult to replace. That's what this suit is about. I don't see how who bought it would make any difference in the realm of THIS suit.

EXAMPLE: If I bought a NON-WORKING iPod on eBay for 5 bucks, should I be eligible for a $50 check from Apple?

EXAMPLE: If I figured out which revision 1-3 iPods carried the higher awards, what's to stop me from buying all of them up on eBay and cashing in? Show me where to download that "sworn statement" document and I'll stamp my signature as fast as my printer can spit them out.

You think Apple should be more forthcoming? Just look at the number of jackhole posts in this thread where owners of perfectly good rev. 1, 2 or 3 iPods are trying to figure out how they too can cash in on this award.

First off, it wouldn't work. The availablity of this reward is going to make older iPods to maintain a minimum level of value. Someone thinking about selling it is going to think, do I want this iPod AND $50 or should I sell it, and it will change both the supply and demand levels, keeping values up during the window of this settlement. Secondly, WHO CARES if someone managed to buy a ton of iPods and get $50 each for them from Apple? They are intent on paying the $50 for that iPod, what does it matter who gets it?

Lastly, NOTHING at all that I said effects fraudulent claims whatsoever. The only thing that is effected is people who have a valid claim but did not buy the iPod new. For that matter, by the terms of this settlement, if I am reading it correctly, excludes anyone who recieved the iPod as a gift. They didn't buy the iPod AND currently own it, so they aren't eligable. That's complete bunk. They are the original owner, and they have just as much right to be part of the settlement as customers who happened to have bought them direct from Apple or another reseller.

 

[j-a-x]

My 2G iPod is still working great (battery and all), but $50 of free apple stuff sounds cool...

 

[askien]

Thanks people

So, basically, because some retarded people can't use their iPods right, AAPL takes a dive and I lose $7000 in a single day. Wonderful.
Don't people have anything better to do than to file class action suits?

Whaaa whaaa whaaa, my 4 year-old iPod that I never recharge fully, that I never drain completely, doesn't hold a decent charge anymore. Whaaa, whaaa, whaaa.

😡

 

[Ja Di ksw]

So, basically, because some retarded people can't use their iPods right, AAPL takes a dive and I lose $7000 in a single day. Wonderful.
Don't people have anything better to do than to file class action suits?

Whaaa whaaa whaaa, my 4 year-old iPod that I never recharge fully, that I never drain completely, doesn't hold a decent charge anymore. Whaaa, whaaa, whaaa.

😡

This is why the only stocks I have are ones I've inherited.

I think the problem is more that the battery dies (of course it will) and Apple made it a bi*** to try and replace, and did not offer a replacement program when this was started. They told people to just buy a new one after the battery died in under 2 years.

 

[cheekyspanky]

So, basically, because some retarded people can't use their iPods right, AAPL takes a dive and I lose $7000 in a single day. Wonderful.
Don't people have anything better to do than to file class action suits?

Whaaa whaaa whaaa, my 4 year-old iPod that I never recharge fully, that I never drain completely, doesn't hold a decent charge anymore. Whaaa, whaaa, whaaa.

😡

You haven't lost anything if you haven't sold any shares today.