October 21, 2005 9:53 AM PDT

Suit filed over Nano scratches

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.

See more CNET content tagged:
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Add a Comment (Log in or register) 100 comments (Showing first 20 comments)
Salut America!
by valdealge October 21, 2005 10:06 AM PDT
Only in America!
Reply to this comment
Salut America!
by valdealge October 21, 2005 10:06 AM PDT
Only in America!
Reply to this comment
You've got to be kidding
by verucabong October 21, 2005 10:18 AM PDT
I thought Apple has already said that they would replace units
that were overly scratched.
Reply to this comment View all 2 replies
You've got to be kidding
by verucabong October 21, 2005 10:18 AM PDT
I thought Apple has already said that they would replace units
that were overly scratched.
Reply to this comment View all 2 replies
Uh, blood suck lawyers, they will replace them for free
by Sac Tinko October 21, 2005 10:49 AM PDT
Apple already said they would replace scratched Nanos for free. Tell your dip stick clients not to drop them and they won't get damaged. I've had mine for several weeks and its looks good as the day I bought it. Maybe I can file a lawsuit against BMW for the scratches on my Mini Cooper. :Z
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Uh, blood suck lawyers, they will replace them for free
by Sac Tinko October 21, 2005 10:49 AM PDT
Apple already said they would replace scratched Nanos for free. Tell your dip stick clients not to drop them and they won't get damaged. I've had mine for several weeks and its looks good as the day I bought it. Maybe I can file a lawsuit against BMW for the scratches on my Mini Cooper. :Z
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my install disk has a scratch in it.....
by October 21, 2005 11:26 AM PDT
my discs!!!! and I know there are better polymers out there... and ones that dont discolor ..... what about the affordable notebooks? those get scratched... big time.. yah bring in one of those to your client... killed by powerpoint... no doubt.. but anyone who gets paid to run around showing people powerpoint slides usually makes twice as much money as the typical engineer, who is more likely to pay attention to the price/performance ratio... how come most cars still have metal doors? oh yah.. "dont do that, youll kill an entire industry"... not to mention abandening the next generation
Reply to this comment View reply
my install disk has a scratch in it.....
by October 21, 2005 11:26 AM PDT
my discs!!!! and I know there are better polymers out there... and ones that dont discolor ..... what about the affordable notebooks? those get scratched... big time.. yah bring in one of those to your client... killed by powerpoint... no doubt.. but anyone who gets paid to run around showing people powerpoint slides usually makes twice as much money as the typical engineer, who is more likely to pay attention to the price/performance ratio... how come most cars still have metal doors? oh yah.. "dont do that, youll kill an entire industry"... not to mention abandening the next generation
Reply to this comment View reply
ridiculous
by kxmmxk October 21, 2005 12:58 PM PDT
I swear the lawsuits that come out against Apple! Mostly they are from a bunch of opportunist lawyers, or individuals that can wait to stick it to Apple. You don't see them suing other companies for this stuff.

I must have missed the law about selling items that might scratch. I could probably make a lot of money going through all my belongings and suing all the companies.

Just more people trying to jump on the gravy train.
Reply to this comment
ridiculous
by kxmmxk October 21, 2005 12:58 PM PDT
I swear the lawsuits that come out against Apple! Mostly they are from a bunch of opportunist lawyers, or individuals that can wait to stick it to Apple. You don't see them suing other companies for this stuff.

I must have missed the law about selling items that might scratch. I could probably make a lot of money going through all my belongings and suing all the companies.

Just more people trying to jump on the gravy train.
Reply to this comment
Suit filed over Nano scratches?
by Roman12 October 21, 2005 1:01 PM PDT
Whats the big deal? There is no need for this, your little broken Nanos will be replaced for free!
__________________________________
R.K.
http://www.Remove-All-Spyware.com/
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Suit filed over Nano scratches?
by Roman12 October 21, 2005 1:01 PM PDT
Whats the big deal? There is no need for this, your little broken Nanos will be replaced for free!
__________________________________
R.K.
http://www.Remove-All-Spyware.com/
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you're all not thinking..
by duky-nm October 21, 2005 1:19 PM PDT
Apple said they would only replace the cracked screens and HEAVILY damaged ones. NOT the Nanos that just plain got scratched a lot. This is necessary because its not just normal scratching, its a tad bit too much so no I don't think this is just "opportunist lawyers" out to make money..
Reply to this comment
you're all not thinking..
by duky-nm October 21, 2005 1:19 PM PDT
Apple said they would only replace the cracked screens and HEAVILY damaged ones. NOT the Nanos that just plain got scratched a lot. This is necessary because its not just normal scratching, its a tad bit too much so no I don't think this is just "opportunist lawyers" out to make money..
Reply to this comment
Quality expected for the price
by October 21, 2005 2:34 PM PDT
If I paid the ludicrous price for an ipod, I'd be angry if it scratched easily. I don't know of any "stylish" device that is also durable, so I think mnaybe this will serve as a nice wake up call to companies that make these cute little toys that are cheaply constructed and exorbitantly priced, that consumers expect resonable quality and durability for their money. And Apple's "buy the case" copout is just bad PR, the case ought to be included for the price.
Reply to this comment View all 2 replies
Quality expected for the price
by October 21, 2005 2:34 PM PDT
If I paid the ludicrous price for an ipod, I'd be angry if it scratched easily. I don't know of any "stylish" device that is also durable, so I think mnaybe this will serve as a nice wake up call to companies that make these cute little toys that are cheaply constructed and exorbitantly priced, that consumers expect resonable quality and durability for their money. And Apple's "buy the case" copout is just bad PR, the case ought to be included for the price.
Reply to this comment View all 2 replies
Idiot lawyers...
by M C October 21, 2005 2:51 PM PDT
Class-action suits rarely get anything substantial for the "class." Maybe a $5-off coupon for a case.

The lawyers, however, clean up. That's why lawyers choose to specialize in class action.

Add to this the fact that duh, plastic scratches, you've got the makings of one huge nuisance suit.
Reply to this comment
Idiot lawyers...
by M C October 21, 2005 2:51 PM PDT
Class-action suits rarely get anything substantial for the "class." Maybe a $5-off coupon for a case.

The lawyers, however, clean up. That's why lawyers choose to specialize in class action.

Add to this the fact that duh, plastic scratches, you've got the makings of one huge nuisance suit.
Reply to this comment
Give it a rest people...
by corelogik October 21, 2005 3:28 PM PDT
If you put anything plastic in your pocket it will get scratched. Just
because Apple says it will fit in there, doesn't mean it's the
preffered mode of carry.

Don't wan't scratches? Quit putting it in your pocket... Dumb *****.
Keep suing and you won't have anything left to sue about because
companies will quit making stuff.
Reply to this comment View all 3 replies
Give it a rest people...
by corelogik October 21, 2005 3:28 PM PDT
If you put anything plastic in your pocket it will get scratched. Just
because Apple says it will fit in there, doesn't mean it's the
preffered mode of carry.

Don't wan't scratches? Quit putting it in your pocket... Dumb *****.
Keep suing and you won't have anything left to sue about because
companies will quit making stuff.
Reply to this comment View all 3 replies
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