“Consumers angry about what they say is the iPod nano screen’s tendency to scratch easily have filed a class-action lawsuit against Apple Computer, saying they want their money back plus a share of the company’s profits on the music player’s sales,” Red Herring reports. “The complaint, filed in the U.S. District Court in the Northern District of California in San Jose on Wednesday, essentially brings complaints about the ultra-slim device that have been festering on blogs and message boards into the courts.”

“The lawsuit was filed on behalf of nano owner Jason Tomczak and others who have purchased the device. 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,’” Red Herring reports.

Full article here.

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There is no substitute for common sense. Unfortunately, America faces a dramatic shortage of common sense which they’ve dubiously attempted to replace with lawyers. We’re just not seeing nanos that scratch any more easily than any other iPod model. Black plastic shows scratches more than white. That’s not to say there aren’t any hyper-sensitive-to-scratching iPod nanos in existence. If there was a defective batch of nano units that scratch by being rubbed with nothing more than a paper towel, then, by all means, Apple should replace those defective units immediately.

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