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iPod battery settlement finalized

updated 03:00 pm EST, Fri December 23, 2005

iPod settlement finalized


Disgruntled third-generation iPod owners looking for improved battery performance may be able to send the unit back to Apple for a replacement, or alternatively receive a store credit for $50 by mail under this week's finalized class action lawsuit settlement. Following the dismissal of says that "Apple and the Settlement Administrator can move forward with claims administration and claims fulfillment." Deadlines relating to claim submissions have not changed, according to the website. The settlement was approved by a judge in August, who alleged that Apple misrepresented the iPod's battery life.

Owners of first-, and second-generation iPods were also covered under the settlement, but the deadline to file for a store credit of $50 or a check from Apple for $25 expired on September 30th. Owners of third-generation iPods hoping to send the unit back to Apple or receive a store credit must ensure the request is postmarked within two years of the original purchase date.

Originally anyone who purchased a first-, second-, or third-generation iPod on or before May 31st, 2004 in the U.S. was eligible to take part in the settlement.

According to to the settlement, “Battery Failure” describes a situation where the capacity of an iPod's battery has dropped to four hours or less of continuous audio playback, with earbuds attached, with respect to the third-generation iPod, or five hours or less of continuous audio playback, with earbuds attached, with respect to the first-generation iPod and the second-generation iPod.


by MacNN Staff

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Comments

  1. doctor9

    Fresh-Faced Recruit

    Joined: Aug 2001

    0

    So I can expect my credit

    This on-again-off-again settlement is on again. Well I guess I can expect my store credit any day now, huh? It's only been 3 months. It would've been nice for Christmas, but now I can use it toward a new MacTel mini!

  1. oDDmON oUT

    Fresh-Faced Recruit

    Joined: Feb 2006

    0

    Details from the legal...

    team handling the suit:

    "Thank you for contacting us about the iPod Settlement. The Court granted final approval of the settlement and entered a final judgment on August 25, 2005. On October 24, 2005, two individuals filed appeals from the Court's order granting final approval of the settlement. As a result of the appeals, Apple and the Claims Administrator could not begin the process of fulfilling claims.

    On December 20, 2005, the appeals were abandoned. The Claims Administrator has begun the process of fulfilling claims and notifying claimants of any deficiencies. Class members will be mailed instructions for how to obtain their benefits under the settlement. The Claims Administrator has provided us with the following timeframe for the distribution of the settlement benefits:

    February 17, 2006- The Claims Administrator will mail $25 checks to Class Members who purchased the AppleCare Protection Plan and obtained battery repair/replacement under the AppleCare Protection Plan.

    Beginning of March 2006- For Class members who own a First or Second Generation iPod and who selected the $25 cash payment, the Claims Administrator will begin mailing $25 checks to those who submitted valid claims.

    Middle of March 2006- For Class members who own a Third Generation iPod and who selected battery/iPod replacement, the Claims Administrator will begin mailing letters containing instructions for battery/iPod replacement to those who submitted valid claims.

    Middle of March 2006- For Class members who own a First, Second or Third Generation iPod and who selected a $50 store credit, the Claims Administrator will begin mailing letters with certificate codes for the $50 store credit to those who submitted valid claims.

    Around March 17, 2006- The Claims Administrator will begin sending deficiency letters to Class members who submitted an incomplete/incorrect claim.

    End of March 2006- The Claims Administrator will send denial letters to those individuals who do not fit the class definition or who submitted their claims past the claims deadline.

    We sincerely appreciate your patience during the claims fulfilling process. We can assure you that the Claims Administrator is working diligently to process and fulfill the approximately 125,000 claims it has received to date. To expedite the settlement distribution process, please respond to any notices of deficiency you may receive right away. You will have 60 days to make changes to your claim form to remedy any deficiencies.

    Best regards, Andrea

    Andrea N. Winternitz Paralegal Girard Gibbs & De Bartolomeo LLP 601 California Street, Suite 1400 San Francisco, CA 94108 Phone: (415) 981-4800 Fax: (415) 981-4846 anw@girardgibbs.com www.girardgibbs.com "

    HTH

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