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Class Action Suit Charges Apple iPod's Screen is Defective

November 2, 2005

Apple • Apple Slashes Prices On Older iPod Models • Lawsuit Alleges Apple Power Adapters Are Faulty • iTunes 7.7.1 Erases Music Libraries • Apple Sued Over 'Millions of Colors' Claim • Japanese Investigate iPod Fires • iTunes Upgrade Hits Sour Note With Users • Apple iPhone Wows MacWorld Audience • Apple Warns Of Virus On Some iPods • How Loud Should Your iPod Be? • Hearing Professionals Praise Apple's New iPod Volume Control • iPod Nano Too Delicate, Suite Charges • Suit Charges iPods Can Damage Hearing • iTunes Includes "iSpy" Feature • Class Action Suit Charges Apple iPod's Screen is Defective • Apple to Settle iPod Battery Suit • iPod Lawsuits Multiply • Apple Bans Talk of Glitch --- • Consumer Complaints

A consumer lawsuit claims that Apple knowingly manufactured, marketed and distributed defective iPod Nanos. The suit alleges the company's new iPod Nano is defectively designed, allowing the screen to quickly become scratched with normal use.

According to the complaint, Apple advertised and marketed the Nano as being impossibly small and durable; however, in an effort to make the device as small as possible Apple allegedly compromised the quality of the Nano.

Among consumers complaining to ConsumerAffairs.com about the problem was Anthony of Enumclaw, Wash. "The LCD display became blotched and unusable. The iPod would still play, but you had no controls," he said.

"There was no physical damage to the Ipod at all. They said that the LCD screen is not covered under warranty. So basically we are out of luck. What a rip-off," said Anthony.

Apple chose to disregard the design problem with the Nano before its release and has not taken any steps to correct it, said David P. Meyer, one of the attorneys involved in the case.

"We intend to prove that in an effort to rush the iPod Nano to the market, Apple ignored obvious defects in the design and later tried to cover up negative responses received from consumers," said Meyer. "We seek to recover money lost in purchasing this product as well as the $25 fee Apple has imposed on those who have returned their product after it became unusable."

The lawsuit alleges that in designing the Nano, Apple reconstructed the housing into a seamless front where the screen and controls reside directly under a less durable film of resin allowing irreparable damage to occur.

The suit claims Apple knew the Nano was defective, but chose to go forward with the release and pass the cost of replacing the defective device on to its customers. The suit also alleges that Apple concealed the defect and advised class members to purchase additional equipment to prevent the screen from scratching excessively.

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