Baton Rouge woman files sixth iPod nano ‘scratches’ class-action lawsuit; Apple seeks to consolidate

“The iPod nano is the subject of a class-action lawsuit in Baton Rouge federal court. Plaintiffs say the gadget – which is less than 2 inches wide and 4 inches long and can hold up to 1,000 songs – scratches too easily, rendering it unusable. Emily Mayo of Baton Rouge is taking one of the world’s biggest computer makers to court — over some scratches. Mayo claims the abrasions have snuffed the life from her iPod nano, and is suing Apple Computer in Baton Rouge federal court, alleging its popular petite digital music player’s design is knowingly flawed,” Penny Brown Roberts reports for WBRZ. “The class-action lawsuit claims the nanos, which sell for $199 or more, scratch excessively with normal usage, rendering their full-color display screens unreadable. Without the navigational menus on the screen, users can’t make the device work.”

“‘Apple marketed the nano — because it’s small and streamlined — to be used in outdoor activities and athletic activities,’ said her lawyer, Philip Bohrer. ‘But these devices are not designed to withstand even routine use. There’s a flaw in the design that needs to be changed.’ Disgruntled customers have filed a total of five similar class-action lawsuits in California, New York and New Jersey,” Roberts reports. “In a memorandum seeking to consolidate all six federal class-actions and transfer them to the Northern District of California, where Apple is based, lawyer Penelope Preovolos said the company ‘denies that the iPod nano scratches excessively absent user abuse. The iPod nano is an extraordinarily popular and successful product and is free of defects.'”

Full article here.

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Related MacDailyNews articles:
Apple disclaimer advises using protective case to protect iPod nano from scratches – November 11, 2005
Worthless iPod nano case that nobody’s going to use, but which indemnifies Apple from lawsuits ships – November 11, 2005
Report: Apple relaxes 5G iPod return policy; to include protective cases with future iPod nano units – October 26, 2005
Apple iPods have always been far too scratchable, protective cases required to keep iPods pristine – September 30, 2005


  1. “rendering their full-color display screens unreadable”

    “Without the navigational menus on the screen, users can’t make the device work.”

    I wonder what this lawyer bought his kids for christmas. Better yet, what does he teach them about wrong and right.

  2. In other news, another driver is suing car manufacturers in Federal Court because their products crash too easily when speed is excessed in heavy traffic rendering them useless.

    In another related case, the bugs of the world are being sued because they hit car windshields at 55 mph, spattering and smearing their guts blinding drivers and making their lives generally miserable.

    In yet another related case dust is being sued because it infiltrates computers and TV’s, rendering them useless and requiring the user to perform cleaning routines and proper maintenance.

  3. When did she buy her iPod nano? Was it after the initial spate of negative publicity about the device? Did she do even minimal research into the devices before she bought one? Could it reasonably be argued she bought one even though she was “warned” by the media that they scratch and she _chose_ to ignore that information? Did she contact Apple and try to get it replaced as one of those few with defective screens that actually did become unusable?

    I know people who are waiting until the second generation iPod nano simply because they don’t want one that will scratch as easily as this generation. Maybe she should have too — or bought something else (then she’d REALLY have a reason to complain about!).

  4. I guess “normal use” includes strapping it to the bottom of your tennis shoe and jogging over broken glass. Plastic scratches. Don’t like it? Then use plastic scratch remover or buy a freaking case. Enough of these low-life whiners already!!!!

  5. In unrelated news, Microsoft isn’t being sued for being directly responsible for billions of dollars in data loss, privacy data lost and coloborating with the Chinese government in censoring the net and suppressing free speech.

    Apple is percieved as a “nice guy” and wishing to enhance it’s corporate image but makes itself vunerable to the scum of the world seeking a handout.

  6. rendering it UNUSABLE? This is ridiculous. I just wanna bitch slap these people.

    I think Ill take my car back to the dealership because it got a scratch on it and it has to be their fault.

  7. I’d like to ‘get’ these lawyers, wasting valuable time and money.

    They’d do better to help ladies across the street.

    Or even advise their clients to get a life.

    Or indeed, get one themseleves…

  8. furthermore show me ANY ad where apple is marketing it for outdoor use. I suppose outdoor use means using the nano as a spike to secure safety lines to rocks while mountain climbing.

    I really really would like to see photos of these nanos. Im sure it’s just another example of hillbilly nation america non taking care of something and wanting to blame someone else for their stupidity.

  9. My car scratches when it rubs against thing, I paid over $24,000 for it, you think it would be better quality for that kind of money. Where can I find a hungry lawyer?

  10. Go figure….

    There is a company that creates an OS that turns millions of computers into spam zombies, costing companies and individuals billions of dollars in damages every year…. Think someone would do a class action lawsuit????

    Nooooooo, my Namo got scratches!!!!!! lets sue..

    What a world of Lemmings and idiots!

  11. I received a 5G iPod for Christmas, and after reading MDW on the subject for months and seeing all those reports of the scratch lawsuits on the web, and now finally using one myself (for only two days), I’d like to make two comments.

    1. I was shocked at how easily it scratches, simply from slipping in and out of a felt case.

    2. The scratches are very minor and seem to result from the case being a little tight (I’ll be getting a different case ASAP).

    The marks I’m seeing are probably more accurately described as permanent rub marks. When I think of a scratch I usually infer the removal of a small amount of the surface material, but in this case it seems more like a compression mark.

    The best analogy I can think of is what happens when you make a mark on a piece of paper by rubbing the tip of your fingernail on it sideways. It’s not a scratch, exactly, but it’s noticeable and permanent. On the iPod it’s even less pronounced than in the paper example, but it’s still noticeable and permanent. Actually I hadn’t even noticed it myself until a friend pointed it out.

    If I were an obsessive compulsive ultra-perfectionist I would probably be freaking out about my new iPod right now, but since I’m not so uptight It doesn’t really bother me. It’s just a minor inconvenience find a looser case.

    I don’t know the brand of my case right now (I don’t have it with me) or I would have mentioned it.

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