iPod nano ‘scratches’ lawsuit really only benefits attorneys

“The only real beneficiaries of a class action over scratched screens on Apple’s tiny music player may be the attorneys,” Arik Hesseldahl writes for BusinessWeek. “I have no insight into any legal strategies Apple may pursue with this latest lawsuit concerning the nano, and Apple had no comment on the matter. A spokesman said the company doesn’t comment on pending litigation. But if you bought a nano and find you’re unhappy with it, why not just take it back for refund?”

While Hesseldahl messes up the details (see “Take” below), he gets the idea right when he writes, “It seems to me that Apple could have saved itself a lot of “expense, hassle, and frustration” of its own if it just offered full refunds on unwanted nanos and lengthened the return period to 30 or 60 days. But it also seems to me it’s far too easy to hassle a big company like Apple with stupid lawsuits, to the measurable benefit of no one but trial lawyers.”

Full article here.

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Hesseldahl writes, “While Apple has offered to replace nanos with cracked screens, it has said less than one-tenth of 1% of units shipped have a proclivity for scratches.” That’s incorrect. Apple really said that they would replace iPod nanos with cracked screens due to a manufacturing defect in a batch of nano units that comprised less than one-tenth of 1% of nano units shipped at the time of Apple’s statement on September 27, 2005. At the same time, Apple also recommended that iPod nano owners who wished to avoid scratches should get a protective case for their nanos.

Two separate issues:
• Cracked screens (less than one-tenth of 1%) get replaced.
• Scratched screens and exterior plastics do not get replaced; buy a case if you don’t want a scratched iPod, nano or otherwise.

An AppleInsider report yesterday stated that Apple is “expected to include a standard protective casing with future revisions to the iPod nano.”

Related articles:
Related articles:
Report: Apple relaxes 5G iPod return policy; to include protective cases with future iPod nano units – October 26, 2005
Class-action lawsuit filed against Apple over iPod nano scratches – October 21, 2005
PC Mag’s Ulanoff on iPod nano scratches: ‘I could see a jealous competitor planting the story’ – October 06, 2005
Mossberg: Apple iPod nano scratches easily, get a case to protect it – October 06, 2005
Apple iPods have always been far too scratchable, protective cases required to keep iPods pristine – September 30, 2005
invisibleSHIELD offers rugged, clear protection for Apple iPod nano and other iPod models – September 30, 2005
Got some nano scratches? Restore your iPod nano to new condition with a $4 can of Brasso – September 29, 2005
The Motley Fool: Apple did the right thing in quickly addressing cracked iPod nano screens – September 28, 2005
iPod nano ‘screen issues’ really just FUD? – September 26, 2005
Apple responds to iPod nano screen issues – September 27, 2005

31 Comments

  1. Like many folks, I was sick of the seeming torrent of class-action and other lawsuits against corporations for what seemed like trivial things. Then I read an article in BusinessWeek that opened my eyes.

    While it’s true that most European countries are nowhere near as sue-happy as we are in the United States, it’s also true that these countries regulate the heck out of their businesses. We don’t believe in strong goverment regulation in this country. But something’s gotta keep the businesses in line, and that’s lawsuits.

    If “reform” is passed that reduces the ability to file these kinds of lawsuits, it won’t be long before businesses are getting away with so much crap that the people will begin screaming for regulation. Given the choice between lawsuits and regulation, I honestly think most companies would take the lawsuits.

  2. For those of you using the automobile analogy – it’s completely stupid. Yes, we all expect our car to scratch and get dents from things beyond our control. HOWEVER, I bet you would not be singing the same tune if your car’s paint peeled just from driving down the highway.

    Try to be a little more creative and just shut up already.

  3. Like umteen folks, I was sick of the seeming stream of class-action and different lawsuits against corporations for what seemed equivalent insignificant things. Then I construe an article in BusinessWeek that unsealed my eyes. ******************
    shirley jones
    **********
    Attorneys

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