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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




  1. Sondjata

    Joined: Dec 1969


    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!!

  1. jerryfrit

    Joined: Dec 1969


    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.

  1. acknight

    Joined: Dec 1969



    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.

  1. JeffHarris

    Joined: Dec 1969


    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?

  1. jimster

    Joined: Dec 1969



    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

  1. scottrussell

    Joined: Dec 1969



    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.

  1. IonCable

    Joined: Dec 1969



    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.

  1. iomatic

    Joined: Dec 1969


    Join the bandwagon.

    My car is scratched, I should sue!


  1. itguy05

    Joined: Dec 1969



    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?

  1. Roehlstation

    Joined: Dec 1969


    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.)

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