Angry nano owners sue Apple
p2p news / p2pnet: While the mainstream media vie with each other to come up with new headlines for Apple’s latest effort, the video iPod, a group of angry Apple customers are protesting about the shoddy quality of another Apple product with a screen – the nano.
And they’re making their outrage felt via a class-action lawsuit.
Apple says it’s so far sold more than one million nanos, but Brian Cason’s unit developed a crack on its screen, so he did a Neistat and used the Net to make his complaints heard.
Now nano owner Jason Tomczak and “others who have purchased the device” have filed a class action in California, says Red Herring, going on, “The lawsuit alleges Mr. Tomczak rubbed a paper towel on his nano’s face and ‘that alone left significant scratches’.
“The lawsuit charges screens on the tiny flash-based digital audio players ’scratch excessively during normal usage, rendering the screen on the Nanos [sic] unreadable, and violating state consumer protection statutes… and causing Plaintiff class members to incur loss of use and monetary damages’.”
Tomczak, et al, are asking for damages including the price paid for the nanos, statutory and punitive damages, and attorneys’ fees, not to mention a share of nano profits, says Red Herring.
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First they ignore you, then they laugh at you, then they fight you, then you win
- Mohandas Gandhi
Tired of being treated like a criminal? They depend on you, not the other way around. Don’t buy their ‘product’. Do bug your local political representatives. Use emails, snail-mail, phone calls, faxes, IM, stop them in the street, blog. And if you’re into organizing, organize petitions, organize demonstrations and then turn up on your local political rep’s doorstep, making sure you’ve contacted your local tv/radio station/newspaper in advance.
See:-
latest effort - Apple’s new video iPod, October 14, 2005
shoddy quality - Serious iPod Nano problems, September 27, 2005
Red Herring - Nano Owners Sue Apple, October 20, 2005
did a Neistat - iPod dud battery saga ends, August 26, 2005





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October 23rd, 2005 at 2:51 pm
…. I know it’s hard to accept for some people, but the iPod quality is shoddy. It scratches INCREDIBLY easy. Even if it’s white, you can still see it. Mind you, it’s not that big of a deal if the body was scratched, but if the screen was scratched that’s a different manner.
Just look at the displays at Best Buys, Futureshop, Compuserve, etc if you want to see it for yourself. However, the customer should know that anything harder than the shell of the iPod will scratch it.
Basic physics. So if you put the iPod in you pant pockets with coins and keys — then IT’S YOUR FAULT.
However, if just clothes and paper scratches it — then you have a valid argument….
October 23rd, 2005 at 3:13 pm
What I think gets passed by on every Ipod story is the friggin’ price! These players are outrageously expensive and now that the glow is off the new product, Apple is cutting back on materials (If they ever spent very much to start with) in order to offset the sagging sales. Next thing we’ll be seeing from Apple will be adverts showing how really cool people have scratches on their Ipods. Y’know, every scratch a badge of honor to a great date or crazy party…something to that effect. Hell, it worked and still works with jeans with holes in them. Why not Ipods?
October 23rd, 2005 at 5:14 pm
time to move on…
BTW if you can’t afford an Ipod too bad…buy an iriver or zen
October 23rd, 2005 at 5:44 pm
so where are all of the pod people? hmmm?
ever since these stories started appearing here in the past few weeks, not a single applehead has attempted to defend the compnay or the products involved.
we all know that apple makes crap products - ALL OF THEM! - but the applehead pod people still go out and waste their money on useless, inferior products.
after - or perhaps still - waiting on line to first buy, and then return an exploded battery, scratched nano or video ipod, the pod people in this class action suit - and other suits to come - will have to wait months or years to even see a result.
good! they deserve it. fools and idiots, all of them.
maybe if they put their broken products underneath their pillows at night, and pray hard enough, the pod fairy will come and fix it.
October 23rd, 2005 at 8:33 pm
They can move from a “smooth” surface to a “scratched” surface…. sort of a “cool” thing to do. And other colors and let people customize it like clothes. It might catch on… just like you said, ripped and torned jeans are hip
October 23rd, 2005 at 8:55 pm
Yeh! That’d be great! Kinda psychedelic, like back in the 70s.
Get stoned, stare at your iPod, iTune out.
Pod Power instead of Flower Power ; )
Cheers!
October 23rd, 2005 at 10:58 pm
its bad enough that these stupid devices are so popular… at least now people are begining to see how bad they are… honestly… my PDA that I’ve owned for a few years now, does a LOT more than that Ipod, with less restrictions… and it was half the price!!!
iPod is just not worth it… its like holding a brick, that is supposed to be a status symble???
October 24th, 2005 at 2:13 am
You missed the point, bub. I got the cash but I also got self control. Self control to NOT buy a digitally auditorially inferior product whose price is determined not by it’s quality but by it exclusivity. An exclusivity which, as I mentioned before, is quickly wearing off.
October 24th, 2005 at 9:52 am
The screen cracking issue and screen scratching are two separate issues. Apple will replace the rare nanos affected by cracking, no questions asked.
The distorted photo shown here is a nano with a cracked screen, while the story is about other people suing for the scratching issues. Writing “Carson’s iPod” under the picture hardly reverse the “shock” effect of using the wrong photo for the story… Carson didn’t sue Apple and he accepted how the company reacted.
The nano does scratch easily but please find me one photo of a screen rendered unreadable by normal use scratching, because I haven’t find a single one yet… There are similar problems happening with many consumer electronic products, but we don’t hear about them since there is not a very organized network of websites about these products, and they don’t have all the media coverage that the iPod have.
As for people thinking that the nano is overpriced, please find me a 4 gigs flash player that is anything near that size and has a color screen that is cheaper than the nano.
October 24th, 2005 at 10:41 am
Geez, you iPod bashers need to get a life. Do you just come to this site to bit*h? Maybe you guys should start an iPod bashers dating service. You deserve each other.
October 24th, 2005 at 1:47 pm
I bought a Nano as soon as it came out and still HAVE NO SCRATCHES on it. Was there a bad lot? Was I just lucky?
Of course, I don’t keep it in my pocket with my keys and pocket change. Maybe that’s the problem.
Yours sincerely,
John Davis
October 24th, 2005 at 2:01 pm
My Nano is fine with NO scratches on it, and my ancient 3G iPod still works perfectly. My PowerBook is gorgeous. It’s on 24/7. The only time I restart it is when I update software that requires it. It’s fast, the screen is clear, has a great keyboard and doesn’t do anything that’s not supposed to. My really ancient iMac is on in the office six days a week from morning to late evening, in constant use and has never frozen (since I installed OSX a few years ago). While Windows friends are crashing, freezing and spending weekends reinstalling XP.
I have a small business and only use Macs because I can rely on them.
Am I an Applehead?
John Davis
October 24th, 2005 at 5:09 pm
What did you do to deserve the share of the profits?
So you bought something that you aren’t happy with. Apple will replace the bad units, so get over it. It’s just a small purchase on your part.
Why get a blood sucking attorney involved? Someday companies just won’t innovate to improve our lives because of people like you who sue at the drop of a hat. If a company can’t make a profit that they work for (not you!), then they won’t even bother.
Did you know that more money in the US was spent on product liability law-suits then on product research? Thanks to people like you.
October 25th, 2005 at 2:29 am
You are full of shit.
October 25th, 2005 at 2:31 am
More than likely it’s firmly wedged up your anal retentive Apple Ass.
October 25th, 2005 at 2:32 am
And thanks to pinheads like you who buy crappy products just because they are the latest cool thing to have, lousy manufacturering will continue.
October 25th, 2005 at 2:36 am
Did you know that more money in the US was spent on product liability law-suits then on product research?
********************
where’s your proof? i’m not saying i disagree or agree, but don’t just state something as a fact unless you can prove it. show us the data.
October 25th, 2005 at 6:13 am
I’m more than happy to piss off aggressive types like you by buying iPods. Actually, many iPod users are also happy to annoy Apple-haters like you, and that include Windows users tired of hearing Red Necks bashing Apple ad its users when they had nothing but trouble with their Windows machine, that they bought because they were afraid to get bashed by you.
Times are changing Red Necks, you are now visibly outnumbered! You were always few to really think like that, but you got the impression that most people were with you because they were afraid to contradict you, because you are insulting loud-mouths. But you must already know that deep inside of you, but you won’t admit it in public, because of your overblown ego.
October 25th, 2005 at 6:53 am
…it gets scratched 2-3 times a day on average.
The cases are as ridiculous as this subject header. Plastic gets scratched. What’s next, a class action lawsuit against Toyota for the scratches my kid’s soccer ball put on my car?
October 25th, 2005 at 2:55 pm
That’s a new one…rednecks use windows. Man, now I know how cults get started. You are in serious need of psychological help. Beware the pod people. Call Hollywood, new movie theme for the summer. I know Steve Jobs would just love a movie about Appleaholics. Buy my products because they are cool…buggy, quirky..but cool. Next thing they’ll be coming out with a Apple shaped one wheel car that will get 50 Gbytes to the gallon.
November 9th, 2005 at 11:32 pm
This story is way out of context. My name is Brian Cason and I posted a thread on Apple’s discussion forum. I never started a website against the iPod Nano and my Nano’s screen never cracked. It just looked like crap after having it in my pocket. You need to get the story right. Go to http://news.com.com/Problems+surfacing+with+iPod+Nano+screen/2100-1041_3-5880307.html to get the real story.