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Lawsuit filed against Apple over iPod nano scratches

updated 09:40 am EDT, Fri October 21, 2005

iPod nano lawsuit

A class action lawsuit has been filed against Apple Computer with a small set of iPod nanos.

In the complaint, Tomczak says he rubbed a paper towel on his Nano front cover and "that alone left significant scratches." In addition, the suit charges that the Nano screens "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."

by MacNN Staff

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Sondjata
Fresh-Faced Recruit

Joined: Oct 2000

0

10/21, 09:53am | report spam | close Reply |
cut of profits

Umm is this serious? I'm taking bets on summary judgment.
You may get your product replaced. You may get a coupon for some other apple product. But if this guy thinks that he's getting a cut of profits because his iPod screen is scratched, he's got to be on crack.

Gees, my 20 Giger screen got all scratched off by my "protector" I'll sue Apple AND the protector manufacturer and demand a cut of all sales to boot!!

jerryfrit
Fresh-Faced Recruit

Joined: Feb 2004

0

10/21, 09:56am | report spam | close Reply |
Like most class actions..

...the lawyers will get a kajillion dollars, and the customers will get a coupon for a free drink with any order at Taco Bell.

acknight
Fresh-Faced Recruit

Joined: May 2004

0

10/21, 09:57am | report spam | close Reply |
Ridiculous...

This is absolutely ludicrous. It's going for the entire money back on the product, PLUS a share of the profits, WHILE THE LITIGANTS KEEP THE BLOODY PRODUCT. I don't care how pissed you are about your precious Nano getting a little scratch, you aren't entitled to more back than you paid for the bloody thing while keeping it. Product replacement? Maybe. Small refund? Maybe. Full refund? Not likely, at least not without return of the product in question. Refund plus share of profits? Absolutely ridiculous.

JeffHarris
Fresh-Faced Recruit

Joined: Oct 1999

0

10/21, 09:57am | report spam | close Reply |
Vultures are Circling

Oh, I my new iPod is made of PLASTIC and it got scratched! Somebody must PAY for MY STUPIDITY! Get me a lawyer.

The ambulance chasing scum-o-the-earth are out to make a buck...

Should we be surprised?

jimster
Fresh-Faced Recruit

Joined: Aug 2005

0

10/21, 10:02am | report spam | close Reply |
errrrr

I just received a new credit card in the mail, there is a scratch on it. I want my balance wiped to 0 and then I want then to give me a 5,000.00 credit on the card for my pain and suffering.

So, if people are so worried about scratches, they should treat the item like it cost 5 million dollars and carry it in a bullet proof all protected carrier and make sure the only way to operate it is with the help of a robot

scottrussell
Fresh-Faced Recruit

Joined: Mar 2001

0

10/21, 10:05am | report spam | close Reply |
unbelievable

Are these guys totally INSANE? They scratched the product they purchased, and their response is to file a lawsuit against the manufacturer? I'm floored.

IonCable
Mac Enthusiast

Joined: Apr 2001

0

10/21, 10:07am | report spam | close Reply |
Ah

Isn't Apple already replacing the Nano's that are damaged? I can see a refund or replacement of the questioned productm, but what rights does he have to the profits? Bet he works for a MP3 competitor, or just a greedly little man.

Again the mess that is the civil court system rears it's ugly head. It just to damn easy to sue and the rewards are to great, especially for the lawyers. I believe lawyers should only be allowed to get paid thier time spent on the case based on their standard hourly rate.

iomatic
Mac Elite

Joined: Oct 1999

-1

10/21, 10:19am | report spam | close Reply |
Join the bandwagon.

My car is scratched, I should sue!

Fercrissakes.

itguy05
Forum Regular

Joined: Apr 2005

0

10/21, 10:21am | report spam | close Reply |
Towel?

I bought a new pair of sunglasses and the guy warned me about not using a paper towel to clean them because they scratch.... So why would you use something so rough on a $300 piece of equipment.

And the whole idea of suing because of scratches is INSANE. The front of my 2004 car looks like it's been sandblasted from little stone hits and such. Should I sue my state or the car mfg?

Roehlstation
Fresh-Faced Recruit

Joined: Aug 2001

0

10/21, 10:21am | report spam | close Reply |
Fresh out of school

Ole Tomczak must have gotten a lawyer fresh out of school to file this class action, because I know any real lawyer woulnd' agree to file suit with those demands. Nanos are only suceptable to more scratches because it is more suceptable to portablility. It can go places the regulat iPod could not. He'd probably file suit to Hummer because it got scratches on the paint when he took it off roading. (Well my Aston Martin doesn't get scratched when I drive it.)

Roehlstation
Fresh-Faced Recruit

Joined: Aug 2001

0

10/21, 10:23am | report spam | close Reply |
Hey Jason...

Just send your Nano to me and in return, I'll not slap you up side the head. I'll talk you out of filing this rediculous suit and you'll save face two ways.

dennis
Fresh-Faced Recruit

Joined: Aug 2001

0

10/21, 10:23am | report spam | close Reply |
re: Ah

"Again the mess that is the civil court system rears it's ugly head. It just to damn easy to sue and the rewards are to great, especially for the lawyers."

Of course this lawsuit is ludicrous, but the ability to sue is one of the few protections consumers have against corporations. The rewards aren't *too* great if your case gets thrown out.

ticedric
Fresh-Faced Recruit

Joined: Oct 2003

0

10/21, 10:34am | report spam | close Reply |
wow

suceptible to what? Give me a break. ALL IPODS ARE SUCEPTIBLE TO SCRATCHES! How cold you even prove that this product has a "scrathchability factor" over some non egsistent standard? The TiBook was mega scratchable...what a wast of blood.

ibugv4
Fresh-Faced Recruit

Joined: Jun 2003

0

10/21, 10:34am | report spam | close Reply |
WTF?!?!

So if I buy a new Saturn, which has plastic body panels with a secured metal cross beam understructure, and a bird poops on it, and that p*** manages to scratch the plastic fender, I should be entitled to sue GM, get the panel replaced, a full refund on my car, a share of profits AND keep it?

I really, really hope this guy gets laughed out of court. r*****! Buy a frickin case and get over yourself, pompus arse.

iChick
Fresh-Faced Recruit

Joined: Sep 2001

0

10/21, 11:08am | report spam | close Reply |
Moron

What a dumbass.

apostrophe
Fresh-Faced Recruit

Joined: Jul 2005

0

10/21, 11:15am | report spam | close Reply |
Good lord

These clowns have got to be joking right? I was sure it was April 1 or something.

1. THINGS SCRATCH
2. THINGS SCRATCH
3. At most I'd want my money back for the product, who on earth expects a refund, to keep their product AND get a percentage of a products earnings over scratches. Speaking of which, my final and most important point:
4. THINGS SCRATCH.

Earth calling Uranus, you're escaped mental patients have been found. Please collect.

James
BritPod.com

Feathers
Grizzled Veteran

Joined: Oct 1999

0

10/21, 11:16am | report spam | close Reply |
Loss of use?

How does a cosmetic scratch constitute "loss of use"? It would have to be a lot of abrasion to render the screen unreadable like if you scrubbed it hard with...I dunno...a paper towel??? My bum sometimes hurts after a curry, do I sue God (the manufacturer) or the local Indian restaurant?

davedawgnyc
Fresh-Faced Recruit

Joined: Oct 2005

0

10/21, 12:21pm | report spam | close Reply |
Thanks iPodNN & MacNN...

...for giving society's ugly pimples their undue 15 minutes of fame all in the name of "content" and "page hits" -what happened? run out of press releases to re-write? You could at least have noted Apple's stated public response to this "issue" which is that of free replacements. I would think that a news organization devoted to the Mac sector would know something that smells of BS, BUT I GUESS NOT.

jpellino
Fresh-Faced Recruit

Joined: Oct 1999

0

10/21, 12:35pm | report spam | close Reply |
duh.

paper towels are full of wood particles - you don't use them to clean anything plastic. Especially some plastic thing that costs $5,000 per pound.

iFrankie
Fresh-Faced Recruit

Joined: Jul 2002

0

10/21, 01:30pm | report spam | close Reply |
BS

This is such BS.

Apple already said shortly after the problem became apparent that they would replace any iPod nano if the customer requests it.

Apple will just show proof of this and the case is dismissed.

Gabriel Morales

Joined:

0

10/21, 03:33pm | report spam | close Reply | delete
Indeed...

I have to agree with the consensus. All of the iPods have been "easily scratched", since the first mirror-back finished iPod. My iPod certainly got scratched, just from having it in my jean-pockets, with nothing else in them. I promtly got an iSkin protector and haven't worried since. Unfortuantely, this is an issue with all iPods. However, it doesn't affect it's core functionality, and most people seem happy with them.

Perhaps Apple should replace certain easily badly-scratched Nanos, but this lawsuit is just unreasonable.

Apago
Fresh-Faced Recruit

Joined: Jan 2002

0

10/21, 04:58pm | report spam | close Reply |
Send him an email

jason@jasonandcodi.com

Roehlstation
Fresh-Faced Recruit

Joined: Aug 2001

0

10/21, 07:10pm | report spam | close Reply |
Helps no one

This kind of thing helps no one, it will just force Apple to raise prices on things again, just as things were starting to get reasonable. I don't want to be giving my money to Jason Tomczak.

evansls
Fresh-Faced Recruit

Joined: Oct 2004

0

10/21, 07:51pm | report spam | close Reply |
people don't understand!

the white ipods get as many scratches as the black nano does, but you don't see them on the white ipod because scratches on white are nearly invisible. this is the first time apple offered a high gloss in black and scratches on a black glossy surface are really noticable. this is a bullshit argument!

sfish
Fresh-Faced Recruit

Joined: Oct 2004

0

10/21, 07:58pm | report spam | close Reply |
Sweet Buda in a carseat!

I dropped to one knee and wept openly upon hearing this. When the most important things these people can get upset over are the scratches they caused on a plastic sub-$300 consumer device that goes in your pocket and plays music, haven't the terrorists already won?

Jeee-freakin-zuss.

Andrew
Fresh-Faced Recruit

Joined: May 1999

0

10/21, 08:37pm | report spam | close Reply |
Use Cotton not Woodpulp

Not sure if anyone's mentioned this yet, but use cotton to clean plastics you don't want scratched, not woodpulp products (tissue, paper towel, etc...).

JEB
Junior Member

Joined: May 2001

0

10/22, 12:15am | report spam | close Reply |
CAT

I have a scratch on my left arm from a cat from 29 years ago.

I'm going to sue that dang cat. But first I have to drop a t***.

Deal
Mac Enthusiast

Joined: Apr 2001

0

11/01, 04:16pm | report spam | close Reply |
What an idiot

This guys been sitting around scratching his head wondering what he can sue about. Why doesn't he sue his Mother for raising such a stupid person. He can also sue her for such an easily scratch-able head!

brandnewgod
Fresh-Faced Recruit

Joined: Nov 2005

0

11/02, 04:18am | report spam | close Reply |
This all a bit suspect...

Its clearly an exercise in turning the public's perception of Apple rather than trying to get compensation. It'll make people associate the Nano, iPods with bad quality and negative experiences and may even begin to blight Apple's good name.

I wouldn't be surprised if there's a greater power at work here. Call me paranoid if you like.

iolaire
Fresh-Faced Recruit

Joined: Mar 2001

0

11/08, 08:57am | report spam | close Reply |
you just don't understan

How often do you rap your new sunglasses in Saran Rap to protect them during use?

The problem is not that people are putting there Nano in a pock with a file (a steel hand tool with small sharp teeth on some or all of its surfaces). I only carried my Nano in a business dress shirt pock for a few days before it started to scratch. I feel it is fair to expect that I product not scratch immediately under lower than average ware.

Apple only recognized that some Nanos had defects which caused screens to break, not the small hairline scratches that cover the screen from protected normal use.

That being said I have not joined the class auction (yet). My first response with in days of getting the Nano was to wrap it in Saran Rap then buy a decal girl skin. I look at the skin now and just shudder at how it would look if I did not have that...

bleee
Mac Enthusiast

Joined: Mar 2002

0

12/26, 02:56pm | report spam | close Reply |
trigger happy w/lawyers

A share of the profits might be a bit excessive but I do believe this lawsuit is called for. Products should not take damage under "normal" operating conditions. I remember watching the keynote when Steve pulled it out of his pocket if that alone can causes scratches there�s something wrong with manufacturing process. Apple fans seem to try fowl when people sue Apple but if you look at the flip side Apple has ALWAYS been trigger happy with the lawyers when defending their own �interests� they should expect no less from their customers.

iHoser
Fresh-Faced Recruit

Joined: Jul 2006

0

05/18, 05:20pm | report spam | close Reply |
Scratched iPod

All products that come with an LCD screen have that a protective plastic film on it it when it ships. The guy must have been really stupid to take it off. I usually leave it on so it won't get scratched. Its pretty cheap to buy too.

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Lawsuit filed against Apple over iPod nano scratches

updated 09:40 am EDT, Fri October 21, 2005

iPod nano lawsuit

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cut of profits

Like most class actions..

Ridiculous...

Vultures are Circling

errrrr

unbelievable

Ah

Join the bandwagon.

Towel?

Fresh out of school

Hey Jason...

re: Ah

wow

WTF?!?!

Moron

Good lord

Loss of use?

Thanks iPodNN & MacNN...

duh.

BS

Indeed...

Send him an email

Helps no one

people don't understand!

Sweet Buda in a carseat!

Use Cotton not Woodpulp

CAT

What an idiot

This all a bit suspect...

you just don't understan

trigger happy w/lawyers

Scratched iPod

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