Scratched Nano Owners Scratch Back: File Class Action Suit Against Apple

from the we-want-our-iPods-clear dept

If you're the type of lawyer looking to file big class action lawsuits, then it seems you should start looking at blogs and newsgroups. Or, perhaps it's already too late. It didn't take long at all for a class action lawsuit to be filed against Apple for the infamous scratches that are appearing on the faces of the iPod Nano during "normal usage." While Apple has agreed to replace the screens that are so bad they've cracked, it appears that's not enough for some users. The complaints on blogs and message boards have been tremendous, and all it took was one lawyer to set up the class action suit -- which actually requests a share of the profits on the sale of the devices. It's likely that Apple will work out some sort of settlement and buy the complainants off quietly, but it's difficult to see how Apple would lose should the case go to court. It's not like they made a promise the screens wouldn't scratch.

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  1.  

    Yet another frivolous lawsuit

    identicon
    crystalattice, Oct 21st, 2005 @ 12:32pm

    Ya know, one of the first accessories I buy for anything that has an LCD screen is a screen protector. That little sheet of plastic has saved my PDA for nearly 4 years. It just makes since; if you're spending 100's of dollars on a device, spending a few bucks more on a protector just makes sense.

    I think it's crap that they want a share of the Nano profits. It's not like the lawsuit people are licensing the technology. There's no reason they should get a share of the money; the most I'd expect Apple to do is replace the Nano's free of charge.

    reply to this | link to this | view in thread ]

  2.  

    No Subject Given

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    Chris H, Oct 21st, 2005 @ 1:07pm

    I put clear packing tape over the LCD screen of my cell phone. When it gets scratched up I peel it off and replace it.

    reply to this | link to this | view in thread ]

  3.  

    Scratched Nano Owners Scratch Back: File Class Act

    identicon
    Quinton, Oct 21st, 2005 @ 1:10pm

    I like Americans but its one reason why i am glad i dont live there.
    People are afraid to sneeze incase they get sued!

    reply to this | link to this | view in thread ]

  4.  

    Re: Scratched Nano Owners Scratch Back: File Class

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    SOLIDUS, Oct 21st, 2005 @ 1:15pm

    LoL

    No one can garuntee that an iPod, cellphone, pda or whatever it maybe will never crack or scratch. Thats the reason they make screen protectors. Not only that, I own a iPod nano, I find myself stuffing it in my pocket with my change and keys, I scratched my screen up, and you dont see me running trying to sue apple. Its my fault I screwed it up not theirs. BUY A SCREEN PROTECTOR! Wow, and extra 15bucks to protect your 200 buck device...

    "Theres only two type of people, those who like me and those who can go to hell."

    reply to this | link to this | view in thread ]

  5.  

    Re: Scratched Nano Owners Scratch Back: File Class

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    Anonymous Coward, Oct 21st, 2005 @ 1:38pm

    another perfect example of lawyers draining the life out of the economy and decent society. i hope apple hits back, hard.

    reply to this | link to this | view in thread ]

  6.  

    Re: Scratched Nano Owners Scratch Back: File Class

    identicon
    nkkr, Oct 21st, 2005 @ 1:47pm

    yeah apple should hit back hard at these ****ing lawers

    reply to this | link to this | view in thread ]

  7.  

    No Subject Given

    identicon
    Anonymous Coward, Oct 21st, 2005 @ 2:00pm

    or apple could spend another $2 from their 40% profit margin for an overcoat that doesn't scratch. apple quality is crap and always has been. remember the cube cracks? the powerbook batteries, etc...

    reply to this | link to this | view in thread ]

  8.  

    Re: No Subject Given

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    Adam, Oct 21st, 2005 @ 3:09pm

    Well, you realize that it is the customer's fault for buying it then. Other than that, I think apple makes good quality devices, like the ipod mini is extremely well built.

    reply to this | link to this | view in thread ]

  9.  

    Re: No Subject Given

    identicon
    Anonymous Coward, Oct 21st, 2005 @ 3:13pm

    or people could learn to take care of their stuff instead of blaming the producer. i am hard on things personally, so i buy a case, thats what they are made for. people expect so much out of producers, its sickening. i have had the nano since it came out. i have yet to scratch the screen. maybe apple should give out tissues too, for all the whiners

    reply to this | link to this | view in thread ]

  10.  

    No Subject Given

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    Sohrab, Oct 21st, 2005 @ 3:18pm

    Wow. the stupidity of our society never stops. It should be illegal to sue companies for whatever. It always works like this, people are willing to pay top money for things but not an extra %1 of the cost to protect it.

    Example, I worked at circuit city for many years. People will dish out $500-3000 for a computer but not spend an extra $30-70 buying a surge protector.

    PDA, $399, screenprotector is $4.99 for a pack of 12 and not willing to buy it, costs too much.

    Im sorry, my list of gadgets is stupidly long for working in an electronic store for so long and have always licked gadgets but ive never broken anything or scratched them and if there are scratches, its from my own usage, not because the company didnt built the damn thing to withstand a nuclear blast.

    reply to this | link to this | view in thread ]

  11.  

    Re: Scratched Nano Owners Scratch Back: File Class

    identicon
    Aaron Friel, Oct 21st, 2005 @ 3:55pm

    "No one can garuntee that an iPod, cellphone, pda or whatever it maybe will never crack or scratch. Thats the reason they make screen protectors. Not only that, I own a iPod nano, I find myself stuffing it in my pocket with my change and keys, I scratched my screen up, and you dont see me running trying to sue apple. Its my fault I screwed it up not theirs. BUY A SCREEN PROTECTOR! Wow, and extra 15bucks to protect your 200 buck device..."

    An excellently formed opinion, I must say. Seeing as how the main complaints are that the screen becomes completely unreadable after minor abrasions (sticking it in your pocket and for some reason it comes out foggy) or the screen becoming nonfunctional after very minor use. As in, bumping it and the screen suddenly has an enormous black spot.

    reply to this | link to this | view in thread ]

  12.  

    Re: Scratched Nano Owners Scratch Back: File Class

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    Scott, Oct 21st, 2005 @ 4:38pm

    Yeah...I had a blackberry, it was dropped, but only a few yards...I should have gotten a new one for free!!! :o) Quit whinning, and cough up the extra 5 bux for a friggin screen protector, or you could just quit whinning.

    reply to this | link to this | view in thread ]

  13.  

    Re: No Subject Given

    identicon
    Bill, Oct 21st, 2005 @ 5:18pm

    Have you ever gotten shocked by licking so many gadgets?

    reply to this | link to this | view in thread ]

  14.  

    No Subject Given

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    Bring The Old America Back, Oct 21st, 2005 @ 5:24pm

    People will sue over anything but the big point is that if you paying 200 - 250 for a device. It should work and look flawless, as long as you treat it carefully. Stop looking for excusses and start demanding products that are made well! Everything is made cheap so the companies CEO's can have another Million in there pockets. Take their money, put it into the product, and mabey even bring back the jobs to America. We once were envied now laughed upon.

    reply to this | link to this | view in thread ]

  15.  

    Re: No Subject Given

    identicon
    Anonymous Coward, Oct 21st, 2005 @ 6:21pm

    yup. you are exactly right. the problem really is people keep buying these things, giving Apple no incentive to do more than the bare minimum.

    but with their history of defects, class action lawsuits, and costly replacements, you'd think they'd invest a few dollars extra up front to prevent these problems. it just makes business sense. but they never do...

    they should patent their reality distortion field

    reply to this | link to this | view in thread ]

  16.  

    Re: Scratched Nano Owners Scratch Back: File Class

    identicon
    spriggig, Oct 21st, 2005 @ 8:23pm

    Well, let's see, of fifteen comments so far, only one claims to have hands-on experience with a Nano iPod and he says it is scratched. I have never seen a Nano iPod much less lived with one for any length of time so I cannot form a valid opinion of the device nor of the lawsuit. I strongly suggest that if you don't own a Nano iPod then you cannot form a *valid* opinion about it either. I agree, a lot of lawyers are bottom-feeding scum-suckers not fit to lick the shite off of most people's asses. But, forming opinions on little or no verifiable evidence and spewing said opinion across the internet, while a long-standing tradition, makes you no better than the lowly attorneys.

    reply to this | link to this | view in thread ]

  17.  

    Re: Scratched Nano Owners Scratch Back: File Class

    identicon
    pphhtt, Oct 21st, 2005 @ 11:20pm

    But our gas is cheaper than yours, and oh yea, we probably pay less taxes than you do as well.

    reply to this | link to this | view in thread ]

  18.  

    Could Have Done Better but didnt

    identicon
    Justin T, Oct 22nd, 2005 @ 12:13am

    I have had almost every product that Apple has come out with and the quality has been excellent. However, I must agree that the Nano could be better shielded from shocks with an aluminum sub-structure around the display instead of a plastic one (only add maybe 8g more to the weight). I also think they could have put a stronger and thicker plastic top layer on the top side of the Nano. But they didn’t, so just live with the fact that they messed up and try to get a new one. There is no need to try to get some of the profits. In the time being apple should fix the Nano's minor problems.

    reply to this | link to this | view in thread ]

  19.  

    Re: Could Have Done Better but didnt

    identicon
    fuzzmanmatt, Oct 22nd, 2005 @ 12:51am

    Apple is probably working on a "better" Nano right now, they probably had hundreds of prototypes, and the one that made it into production just didn't meet the needs of 150 of the 100,000 people who've bought one. Boo hoo.

    reply to this | link to this | view in thread ]

  20.  

    Scratches

    identicon
    Aaron, Oct 22nd, 2005 @ 7:54am

    So if I apply the logic behind the class action against Apple, I should be able to start a class action lawsuit against the automobile industry for not making the paint on my car scratch resistant?!

    Class actions such as these are frivolous and do nothing but line the pockets of lawyers.

    reply to this | link to this | view in thread ]

  21.  

    retards

    identicon
    rob, Oct 22nd, 2005 @ 8:47am

    americans are sue-happy. We want to sue for everything...this is the most retarded complaint I've ever heard - unless of course Apple didn't want to replace the nano screens from the get-go, but that's a different story.

    reply to this | link to this | view in thread ]

  22.  

    No no no no, guys. Good For Them!!!

    identicon
    rbk303, Oct 22nd, 2005 @ 11:38am

    I LOVE it when consumers stand up for themselves.
    Whats wrong with saying, Don't sell me shitty stuff? I think most of us know when we scratch something, if its our fault or not. I had a cell phone for about 5 days before it slipped out of my hand.
    I did not expect that I was purchasing a scratch "proof" cell phone when I bought it, I knew the scratches were my fault.
    The scratches these people are talking about are abnormal. They happen when you wipe the screen with cloth for gods sake. Thats a little out of hand...
    Its a piece of shit that costs way too much money, and these particular consumers are saying no. There is absolutely nothing wrong with that. As a matter of fact, I think it should be done more often. I love it. I wish more consumers would speak out when they pay out the ass for something only to discover its a piece of shit. No one should have to take that kind of crap from a corporation.

    reply to this | link to this | view in thread ]

  23.  

    Leave the lawyers alone

    identicon
    Aven, Oct 22nd, 2005 @ 1:14pm

    I just love how everyone likes to bash on the lawyers like they're some disease to society. GROW UP. The lawsuit will probably FAIL. Additionaly, IT IS NOT A COMMON OCCURANCE. Lawyers don't do that everyday or they would have no money and would not be able to survive.
    The only reason why you stereotype them is because you only hear of the one ridiculous case out of the other million legitimate cases. The ridiculous ones hardly ever win anyway. True injustice is a rarity compared to the real justice that occurs everyday in the American legal system.

    reply to this | link to this | view in thread ]

  24.  

    Re: No no no no, guys. Good For Them!!!

    identicon
    Aaron, Oct 22nd, 2005 @ 6:09pm

    These scratches are not abnormal, people are just stupid, anyone who has delt with lenses or any type of sensitive glass or plastic knows that they well scratch even with everything short of a lens cleaning cloth. That is what they are made for. Ive known people who companin about the scratches they get when they wipe them with a kleenex or paper towel. What is paper made of? Wood. how would the nano hold up to rubbing it on the side of a tree? probibally not too well. People are just dumb and want to blame someone else

    reply to this | link to this | view in thread ]

  25.  

    Re: Scratched Nano Owners Scratch Back: File Class

    identicon
    What have you done for me lately., Oct 22nd, 2005 @ 9:16pm

    I agree with you, I think Apple should sue all the chumps that sue them. Look I have never been a fan of corporations, but this is going too far. I bought a friggin screen and back protector for my ipod nano, off ebay even before my ipod nano came. What the frig happended to people having some bloody common sense. Use your heads people, get a protector for your investment like the original message said. Let's become a responsible society instead of a litigeous one.

    Pissed off at trial lawyers.

    reply to this | link to this | view in thread ]

  26.  

    Re: No Subject Given

    identicon
    what have you done for me lately, Oct 22nd, 2005 @ 9:18pm

    If you don't like their products don't BUY them, there is something called choice. Don't buy the god damn products, buy something from DULL or someone other crap company !

    reply to this | link to this | view in thread ]

  27.  

    Re: No Subject Given

    identicon
    what have you done for me lately, Oct 22nd, 2005 @ 9:20pm

    I agree with you 100%. People have no god damn brains these days. Friggin zombies with no iq's walking around like dead people !

    reply to this | link to this | view in thread ]

  28.  

    Re: retards

    identicon
    Anonymous Coward, Oct 22nd, 2005 @ 9:23pm

    No they did want to replace the screen , they released a statement saying just that . This is all a bunch of damn cry babies, or control freaks who need to have everything their own way. Or they cry boo hoo, is right. LOSERS

    reply to this | link to this | view in thread ]

  29.  

    Re: No no no no, guys. Good For Them!!!

    identicon
    lowspeed, Oct 22nd, 2005 @ 9:37pm

    You know what ?I think you're right when consumers get shafted they should stand up.
    I believe the ipod nano is a different case though. I purchased one. I didn't like it. I returned it within the 1 month return policy.
    If you buy something, make sure you have 30 days to try it out at least.
    If it doesnt stand up to your expectation... RETURN IT.
    There was another guy talking about cars scartching ... I think thats worse and if a manufacturer delivers a car that scartches more then the industry standard.. I believe they should fix it or be sued. Sadly there's no 30 days trials on cars :-p

    reply to this | link to this | view in thread ]

  30.  

    Re: No no no no, guys. Good For Them!!!

    identicon
    Spunky, Oct 23rd, 2005 @ 6:27am

    Oh please!

    Comparing a tissue to the bark on a tree is just plain stupid.

    Besides the point a lot of people have is that no other apple device scratches anywhere near as easily as the nano.

    So why make the nano out a different material that scratches so easily? My shuffle has no scracthes on it despite living in my pocket next to my keys.

    reply to this | link to this | view in thread ]

  31.  

    Re: No Subject Given

    identicon
    Rex Orr, Oct 23rd, 2005 @ 4:45pm

    We have too many lawyers with nothing better to do I guess.

    reply to this | link to this | view in thread ]

  32.  

    No Subject Given

    identicon
    Mike, Oct 23rd, 2005 @ 6:57pm

    Anyone ever hear of a lill TLC? I noticed how alot of ipods were getting scrached up before i bought mine, so what did i do? i bought a case that holds mine quit nice and protects the screen. some people are seriously crazy

    reply to this | link to this | view in thread ]

  33.  

    Re: No Subject Given

    identicon
    Binsky, Oct 24th, 2005 @ 12:42am

    I wonder why so many people are seeming so angry over this...

    For those complainers that feel like the customers should have bought that little extra bit, the screen protector: Why didn't Apple just deliver the Nano with a screen protector? (or a decent screen) Why should the consumer be forced to notice that such is needed, and then shell out some extra dosh to fix a design problem?

    Of course there's no reason to sue in my opinion, but that is just using a possibility. I think that a lot of folks would just rather scan around finding a big corporation to sue so that they can eventually cash in and stop working forever! (lazy bums :p)

    reply to this | link to this | view in thread ]

  34.  

    *rolls eyes in disgust*

    identicon
    slab of concrete, Oct 24th, 2005 @ 9:06am

    "or apple could spend another $2 from their 40% profit margin for an overcoat that doesn't scratch. apple quality is crap and always has been. remember the cube cracks? the powerbook batteries, etc..."

    There were VERY FEW 'cracked' cubes. That was a non issue that was blown way out of proportion. It was also very quickly fixed but instead of replacement shells, people started wanting cold hard cash instead, as if they'd actually been harmed by the product.

    PowerBook batteries? Uh, idiot, Apple doesn't make the batteries. The same issues have also affected IBM, Dell, Toshiba, Gateway.. the list goes on.

    My iPod Nano doesn't have scratches. My regular iPod that I've had for almost 2 years doesn't have scratches (AND the battery life is JUST FINE on it too!)

    People are pathetic whiners, and slime bag lawyers like that give them too much of a voice. It's time for a "Bitchslap for America" campaign.

    Stop whining, people.

    reply to this | link to this | view in thread ]

  35.  

    you people dont understand

    identicon
    Erik, Oct 24th, 2005 @ 3:03pm

    I own an iPod nano, black.
    Youve got to be kidding me about this screen protector bullshit, every other iPod has never scratched this much. Its Apple's fault, how are you supposed to know itll scratch when you buy it?
    They claim its durable and will last you months, which is obviously a plain out lie.

    That person is right, Apple could have spent an extra 3 dollars at max for every iPod nano to have a better non scratch material.

    It scratches so much you cant see the screen in a month, the screen protector only makes deep scratchs as little particles in the product rub into the iPod over a period of days.

    Fuck you foreigners, companys need to be sued for there bs false claim.
    And Apple will lose the lawsuit, esp when a judge is pressured by 125,000 people participating in the suit

    reply to this | link to this | view in thread ]

  36.  

    Re: you people dont understand

    identicon
    John, Oct 27th, 2005 @ 7:35am

    All these people don't have a nano so they don't understand.

    I got mine when they first came out. I went to the apple store to buy a case and they said the cases aren't going to be released for 3 more weeks. The only option was the armband. Infact until recently, no retailer had a solution (case/screen protector) for this thing. And some still don't. Finally, out of all the cell phones, PDA's, and everything else portable that I have owned and heavily used have never been as scratched as my nano is now. And PDA's are supposed to be worse since you rub a plastic stylus over them all day.

    You know there is such a thing as too easily scratched.

    reply to this | link to this | view in thread ]

  37.  

    Re: you people dont understand

    identicon
    theGuyWhoAgreesWithJohn, Nov 9th, 2005 @ 2:18pm

    John, you are so right. Where I live I have been checking bestbuy and various other retailers for ipod nano protective cases since I bought mine on Oct 3. Best buy recieved their first shipment of ipod protective cases in 3 varieties this week. Promptly they all sold out. In fact every retailer in town that caries them is sold out.

    However, in the month I went without a case my Ipod has scratched like crazy. If I could have purchased a case for it I would have, but they just werent available and I needed a music player for some traveling I was doing in October.

    Anyway, YES there is such a thing as too easiliy scratched.

    reply to this | link to this | view in thread ]

  38.  

    Re: Scratched Nano Owners Scratch Back: File Class

    identicon
    greg, Jan 7th, 2006 @ 4:33pm

    what the hell does getting sued for sneezing have to do with scratched up screens on the ipod?

    reply to this | link to this | view in thread ]


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