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Apple Faces Another iPod Lawsuit

iPod Nano is Cool But Delicate, Suit Charges

February 10, 2006

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A consumer group has filed yet another lawsuit against Apple, claiming its popular iPod Nano music player, marketed for its sleek beauty, cannot withstand normal use without becoming severely scratched, often to the point where its screen is unreadable. The suit was filed in San Mateo Superior Court in California.

Moreover, the plaintiffs charge, Apple is refusing to give refunds to purchasers who bought the defective product, while forcing others to pay a $25 fee to get a replacement that is supposed to be "free" under Apple's warranty.

The suit, brought against Apple Computer, Inc. under the state's consumer protection laws on behalf of California purchasers of the recently-introduced Nano, demands that Apple recall and repair the defect, without charge, or refund the purchase price to dissatisfied customers.

The Los Angeles-based Foundation for Taxpayer and Consumer Rights (FTCR) is a party to the suit.

Reports of problems with the Nano became apparent within a few weeks of its introduction last fall, with many consumers complaining in chatrooms on the Internet.

Apple has acknowledged there is a problem, at first urging customers to buy a third party cover. Apple now supplies a "sleeve" to cover the Nano.

"Selling 'cool' stuff isn't 'cool' if the stuff doesn't work as advertised and Apple fails to comply with its obligations under its warranty and California laws," said consumer advocate Harvey Rosenfield, a lawyer for FTCR.

"Like every other industry, Apple must fix products that are defective for free, and refund the costs incurred by its customers."

The lawsuit notes that many Nano users pay substantial additional money purchasing music and videos on Apple's iTunes web site. The iPods, including the Nano, are the only portable devices on which iTunes downloads can be played.

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