p2pnet news | Mobiles:- Canadian law student David Bitton is so upset by what he describes as misleading marketing on the part of Apple that he’s looking for a class action to be opened against the company.
“According to this motion filed today in Quebec Superior Court, all Apple products have on average 7.5% less storage than claimed,” posts Roberto Rocha in the Montreal Gazette, going on:
So he’s asking for a full refund or failing that, a 7.5% refund. For him and all iPod owners in Quebec.
But, Rocha continues, Apple did address the issue on its website, “explaining how 1 million bytes to some is 1,048,576 bytes to others. Also, on the iPod box, it says ’1GB = 1 billion bytes; actual formatted capacity less.’ The iPod firmware also takes up some space.
However, in his court application, Bitton states the capacity claimed by Apple, “is misleading and deceiving,” a discrepancy, “very well known by Respondents, who in spite of their full knowledge of this fact, continued to market and label their products in a misleading and deceiving way”.
Says the motion:
2.1Petitioner purchased his iPod nano at the total price of (including taxes and extended warranty) TWO HUNDRED NINETEEN DOLLARS AND EIGHTY-EIGHT CENTS ($219.88);
2.2As a consequence, Petitioner is entitled to and does hereby claim restitution of the purchase price or SUBSIDIARILY a reduction in the purchase price equivalent to seven and a half per cent (7.5 %) of the purchase price plus punitive damages of SEVENTY-FIVE DOLLARS ($75.00)
There you go
Montreal Gazette – Does this class action suit against Apple have legs? , October 17, 2007
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