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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Comments on “Scratched Nano Owners Scratch Back: File Class Action Suit Against Apple”

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crystalattice (user link) says:

Yet another frivolous lawsuit

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.


Re: Scratched Nano Owners Scratch Back: File Class


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.”

spriggig says:

Re: Re: Re: Scratched Nano Owners Scratch Back: File Class

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.

What have you done for me lately. says:

Re: Re: Re: Scratched Nano Owners Scratch Back: File Class

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.

Aaron Friel says:

Re: Re: Scratched Nano Owners Scratch Back: File Class

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.

Anonymous Coward says:

Re: Re: No Subject Given

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

Anonymous Coward says:

Re: No Subject Given

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

Sohrab says:

No Subject Given

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.

Bring The Old America Back says:

No Subject Given

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.

Justin T says:

Could Have Done Better but didnt

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.

rbk303 (user link) says:

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

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.

Aaron says:

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

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

Spunky says:

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

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.

lowspeed (user link) says:

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

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

Aven says:

Leave the lawyers alone

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.

Binsky says:

Re: No Subject Given

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)

slab of concrete says:

*rolls eyes in disgust*

“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.

Erik says:

Re: you people dont understand

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

John says:

Re: Re: you people dont understand

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.

theGuyWhoAgreesWithJohn says:

Re: Re: Re: you people dont understand

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.

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