Suit filed over Nano scratches

[samg]

damnit.

Can you breathe in america with being sued over stealing other peoples air?

[badnewz]

lawsuits like this serve as a warning to manufacturers to provide a quality product.

money doesnt grow on trees and the general public deserves protection.

[Hurmoth]

Claiming that the iPod Nano has a widespread propensity for scratching easily, lawyers this week filed a class action suit against Apple Computer on behalf of those who have purchased the diminutive music player.

The lawsuit, filed Wednesday on behalf of all those who have bought a Nano, alleges that Apple violated state consumer protection statutes, as well as express and implied warranties. The complaint charges that Apple knew that there were design problems with the Nano.

"These Nanos scratch excessively during normal usage, rendering the screen on the Nanos unreadable," according to the complaint, which was filed in U.S. District Court in San Jose, Calif., by attorneys with Hagens Berman Sobol Shapiro in Seattle and Columbus, Ohio-based David P. Meyer & Associates. The suit seeks to have the complaint certified as a class action claim and asks for "damages in the amount of monies paid for Nanos," as well as unspecified actual, statutory and punitive damages.

An Apple representative declined to comment on the suit, but Apple has stated that the Nano is made of the same polycarbonate material that's found in previous iPods and maintained that the scratching problem does not appear to be widespread.

The lawsuit charges, however, that the Nano contains a thinner coating of resin than on previous iPod models.

"The amount and durability of the resin applied as a protective coating during the Nano manufacturing process is clearly defective in that it is not sufficient to adequately protect the face of the Nano from extreme scratching and ultimately irreparable damage," the lawsuit says.

Questions about whether the Nano scratches more easily have been bubbling around Apple message boards since shortly after the product was announced in September.

Apple has confirmed a separate problem affecting less than 1 percent of Nanos, in which devices were shipped with a faulty LCD screen that was prone to cracking.

In its earnings conference call last week, Apple said it sold a million Nanos during the first 17 days the product was on the market and that it has seen significantly more demand than it has been able to meet.

News Source: CNET News.com

If you'd like to make a claim, you can contact either Hagens Berman Sobol Shapiro or David P. Meyer & Associates.

[HipHopaholic]

Whoa, any way to get a few bucks. $$$

Ok..maybe a few hundred bucks :)

[joshpo]

Yes, yes you can.

This is total bull, the finish of the nano is the same as previous iPods. If you are so concerned about your precious fashion symbol getting scratched buy a damn case. End of story.

[firebud]

What are they expecting Apple to do?

The iPod is working perfectly fine, it's their own fault for now protecting it with a case.

[matt74441]

I thought that Apple was going to replace Nanos that scratched easily?

[Hurmoth]

I thought that Apple was going to replace Nanos that scratched easily?

586705485[/snapback]

No, they were going to replace the ones that had a problem cracking so easily (which was 1/10 of 1% that was sold). Apple won't even admit that they have a problem with the Nano scratching easily.

Now all you who think this lawsuit is stupid, worthless and for those who think the iPod nano is made exactly the same as previous iPods, you're wrong. I suggest to those who believe this to read the filing that these two law firms filed. It suggests that Apple knowingly made these iPods with thinner materials, making them easier to scratch, to lower manufacturing cost. This is why this lawsuit is not stupid or "bull". A company who makes a bad product knowingly should be held accountable!

I have five iPods; iPod mini, a 20GB iPod, an iPod shuffle, an iPod U2 Edition, & iPod nano. All of them have gone into my hoodie pocket that contains nothing else (no keys, no pens, paper, etc.). All of them are scratch free except the iPod nano. I bought the iPod nano September 15, 2005 at Best Buy and took it home where I laid the box on my desk. It stayed there until Monday morning where I took it out of the box (for the first time) and loaded all the music I wanted onto it. I was leaving for vacation that day by the way. I put the Nano in my hoodie pocket, with nothing else in there, and left for the bus. A few moments into my trip and I took the Nano out of my soft cotton made hoodie pocket and it was scratched badly enough already that it is hard to see what is on the screen.

I feel I, and everyone else who has a scratched iPod nano, am entitled to a new iPod nano from Apple, however, all I really want Apple to do is admit that they have a bad product out there and I want them to fix it for future iPod nanos (which I have no doubt they've already done). Maybe before you commit on a case such as this, you should get off your lazy ass and actually do some reading and research. Not all lawsuits are frivolous!

[Aaryn]

If you don't understand why this is happening, then you haven't owned a nano.

1) You shouldn't be forced to keep it in a case

2) You shouldn't be afraid to keep your music player in your pocket

It *DOES* get scratched up from everyday use, and not light surface scratches like the larger ones. I own a 20GB and used to own a nano and it really doesn't compare. If you haven't owned one, you don't know what you are talking about, it's that simple.

[ahfunaki]

dumb...

it doesn't matter how easy it scratches, it still does what it was made to do...

thats like going after a car company because when you drive down the road you get rock chips on your car...

it's just what happens...

[Hurmoth]

dumb...

it doesn't matter how easy it scratches, it still does what it was made to do...

thats like going after a car company because when you drive down the road you get rock chips on your car...

it's just what happens...

586705616[/snapback]

Dumb comment... these are two different items we're talking about. Cars are going to get scratches because they're outside in the elements. If you were talking about the inside of a car I could go along with that. But this is an item that shouldn't get scratched just by touching it :crazy: If you car seat started tears in just from sitting on it, you would want it fixed wouldn't you? Of course you would, but would you want to dish out the money? Most logical people wouldn't :rolleyes:

[Matrix XII]

I agree with Hurmoth, I've seen a couple Nanos that got scratched easily. They are overpriced in the first place, and that they scratch easily is not acceptable to the consumer. I will not buy one.

[Aaryn]

dumb...

it doesn't matter how easy it scratches, it still does what it was made to do...

thats like going after a car company because when you drive down the road you get rock chips on your car...

it's just what happens...

586705616[/snapback]

What if you bought a Mercedes and the paint faded out after a year of owning it? Would that be ok? Cause it still drives right? I don't think the owners of the car would be too happy though. It's not as simple as "it works" you are paying money for a nice looking device and when it doesn't look nice anymore through no fault of your own it's something that needs to be addressed.

[Matrix XII]

ahfunk have you ever seen or touched a nano? I have a hard time believe it.

Apple confirms problems with nano:

http://news.designtechnica.com/article8407.html

[Aaryn]

scratches come from normal wear and tear, thats how ipods have always been. you can't show me one used ipod that doesn't have scratches on it. even when you put them in cases they still get scratched.

586705728[/snapback]

Yes they do come from normal wear and tear, but the intensity of the scratching can be controlled by the type and amount/thickness of material used in manufacturing. A nano gets scratched more easily and more noticeably than a regular iPod thats what it comes down to. The screen can actually become difficult to read. You are right that all iPods get scratched, I don't argue that but what I am saying is Apple dropped the ball with the nano by making it too delicate. I don't know what it is but it could be that the layer of plastic they used isn't hard enough or isn't applied properly, but either way, this is something that should be fixed/

[ahfunaki]

Dumb comment... these are two different items we're talking about. Cars are going to get scratches because they're outside in the elements. If you were talking about the inside of a car I could go along with that. But this is an item that shouldn't get scratched just by touching it mad.gif If you car seat started tears in just from sitting on it, you would want it fixed wouldn't you? Of course you would, but would you want to dish out the money? Most logical people wouldn't rolleyes.gif

ipods are going to get scratches because you are sliding them in and out of things that aren't made of micro fiber cloth. you can't expect something made out of shiny plastic and chrome to stay mint while handling it all the time, it just doesn't work like that.

What if you bought a Mercedes and the paint faded out after a year of owning it? Would that be ok? Cause it still drives right? I don't think the owners of the car would be too happy though. It's not as simple as "it works" you are paying money for a nice looking device and when it doesn't look nice anymore through no fault of your own it's something that needs to be addressed.

paint fading and chips are two different things...

chips come from normal wear and tear. fading is something that would happen when there is a defect in the material...

scratches come from normal wear and tear, that?s how ipods have always been. you can't show me one used ipod that doesn't have scratches on it. even when you put them in cases they still get scratched.

[Von_Beard]

about time id say :blush:

[rob.derosa]

ahfunk have you ever seen or touched a nano? I have a hard time believe it.

Apple confirms problems with nano:

http://news.designtechnica.com/article8407.html

586705743[/snapback]

they are only confirming problems with the screens. not the scratches.

and its dated 28th sept.

[ahfunaki]

Yes they do come from normal wear and tear, but the intensity of the scratching can be controlled by the type and amount/thickness of material used in manufacturing. A nano gets scratched more easily and more noticeably than a regular iPod thats what it comes down to. The screen can actually become difficult to read. You are right that all iPods get scratched, I don't argue that but what I am saying is Apple dropped the ball with the nano by making it too delicate. I don't know what it is but it could be that the layer of plastic they used isn't hard enough or isn't applied properly, but either way, this is something that should be fixed/

586705749[/snapback]

I agree they do scratch a lot, but I don't think thats something that people should sue over...

[Hurmoth]

I agree they do scratch a lot, but I don't think thats something that people should sue over...

586705962[/snapback]

How else are we going to get it across to Apple that we don't like being screwed? I mean, I see your point, so don't get me wrong. But it seems the only way to get companies to take their heads out of their own asses is to sue them.

[S.MULLA]

the nano has a different surface material compared to the 4th gen and previous models etc. the plastic used gives a better coating but it scratches very easily- on macrumors.com forums someone has a friend who packs/designs the ipods - and even they've said its impossible to get rid of the scratches using special plastic liquids.

the new 5th gen ipod videos seem to be manufactured from the exact same plastic material as the nano !! but i havent heard reports from people who have got these with the same rediculous scratch problems..

[MGOB]

should be interesting to see the outcome of this one.....

[Liquid]

What are they expecting Apple to do?

The iPod is working perfectly fine, it's their own fault for now protecting it with a case.

586705441[/snapback]

The point is you shouldnt have to protect it. It shouldn't scratch. Its completly unacceptable of how bad it is. I purposly dropped in on my bed as a joke and said to my friend, ahaha watch this is scratch it. Guess what, it did.

[Jesse Carlton]

it happens after the fact, and would not happen if it is protected....that is not a manufacturer's defect.

the warranty doesn't cover cosmetics...deal with it.

In the advertising of the iPod Nano, where does it say it has a anti-scratch coating?

[Hurmoth]

it happens after the fact, and would not happen if it is protected....that is not a manufacturer's defect.

the warranty doesn't cover cosmetics...deal with it.

In the advertising of the iPod Nano, where does it say it has a anti-scratch coating?

586706071[/snapback]

Quote from the filed lawsuit (Section II Subsection 4):

"This consumer class action arises from Apple's deceptive and unlawful conduct in designing, manufacturing, distributing and selling defectively designed portable, digital music players. Specifically, Plaintiff brings this class action on behalf of a nationwide class of consumers who purchased Defendant's defective iPod Nano ("Nano") for consumer use. As a result of Defendant's defectively designed product, these Nanos scratch excessively during normal usage, rendering the screen on the Nanos unreadable, and violating state consumer protection statutes, breaching express and implied warranties that accompanied the Nanos, and causing Plaintiff and class members to incur loss of use and monetary damages associated with the repair and/or replacement caused by the defective design. Plaintiff and class members would not have purchased Nanos and/or paid as much for them had they known the truth about the product."

If this one just one or two people having a problem with scratches, you would make a valid point, however, this involves a lot of people so it has to be Apple's product and not the consumer. Also, their warranties do cover cosmetics in case you weren't aware.