Two Law Firms File Suit Against Apple Computer - iPod Nano Allegedly Defective in Lawsuit

February 11th 2006

iPod Nano

The Los Angeles based Foundation for Taxpayer and Consumer Rights (FTCR) is suing Apple Computer due to alleged “defective” iPod Nanos. The consumer group says “Apple must fix” the problem or give unhappy customers refunds. In addition, FTCR claims Apple is refusing to give refunds to purchasers, while forcing others to pay $25 to get a “replacement” that is supposed to be free under the Apple warranty.

The group brought the lawsuit under the California consumer protection laws on behalf of iPod purchasers. The suit alleges the screen can get scratched so “severely” that it becomes unreadable under normal use. According to FTCR, the problems became apparent within a few weeks of the product’s launch, and Apple has acknowledged a problem.

The FTCR says that when complaints started coming in, Apple recommended buying a third party cover. Since then, Apple has begun provided a “sleeve” to cover the Nano.

Harvey Rosenfield, an attorney for FTCR said “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. Like every other industry, Apple must fix products that are defective for free, and refund the costs incurred by its customers."

Co-lead council Bruce Simon, partner of the lawfirm Cotchett, Pitre, Simon and McCarthy said “We sent Apple a letter asking that they acknowledge and remedy the problem. They chose to not even respond and left us no choice but to bring this case." His law firm has teamed-up with FTCR in this suit.

FTCR has sued other companies in the past. According to their press release, they have filed suits against cell phone companies, automobile insurance companies and HMOs for illegal practices. In another case settled last year, the Cotchett firm forced Apple to offer replacement batteries, or a replacement iPod for customers whose iPod batteries had failed after “only a few years of use”.