The following is from a posting on the Girard Gibbs & De Bartolomeo LLP website:
In December 2003, Girard Gibbs filed the first class action suit on behalf of all iPod owners in the United States based on allegations that Apple misrepresented the playtime and lifespan of the iPod’s battery. In June 2004, the class action suits against Apple were coordinated in the Superior Court of San Mateo, Honorable Beth L. Freeman presiding. Shortly after, Judge Freeman appointed Girard Gibbs as Co-Liaison Counsel for Plaintiffs. The Plaintiffs filed a consolidated amended complaint in July 2004 which Apple answered in August 2004. After conducting discovery, the parties began settlement negotiations and reached a settlement agreement in April 2005.
Judge Freeman granted final approval of the settlement and entered a final judgment on August 25, 2005. On October 24, 2005, two individuals filed appeals from the Court’s order granting final approval of the settlement. As a result of the appeals, Apple and the Claims Administrator could not begin the process of fulfilling claims.
On December 20, 2005, the appeals were abandoned. Thereafter, the Claims Administrator began the process of fulfilling the claims. Previously, we posted a time-line by which the Claims Administrator would distribute the settlement benefits. This time-line has been adjusted by approximately three weeks due to unforeseen circumstances. Below is the time-line for the distribution of the settlement benefits:
February 10, 2006- The Claims Administrator mailed $25 checks to Class Members who purchased the AppleCare Protection Plan and obtained battery repair/replacement under the AppleCare Protection Plan.
March 24, 2006- The Claims Administrator mailed $25 checks to Class members who own a First or Second Generation iPod and who selected the $25 cash payment and who submitted valid claims.
Beginning March 31, 2006- For Class members who paid for battery/iPod replacement before June 3, 2005 pursuant to Apple’s Battery Replacement Program, the Claims Administrator will begin mailing checks for 50% of the amount previously paid to those who submitted valid claims.
End of March 2006- The Claims Administrator will send denial letters to those individuals who do not fit the class definition or who submitted their claims past the claims deadline.
Beginning April 7, 2006- For Class members who own a Third Generation iPod and who selected battery/iPod replacement, the Claims Administrator will begin mailing letters containing instructions for battery/iPod replacement in weekly batches to those who submitted valid claims. Letters with instructions will be sent out in the order claims were received.
Beginning April 7, 2006- For Class members who own a First, Second or Third Generation iPod and who selected a $50 store credit, the Claims Administrator will begin mailing letters with certificate codes and instructions for the $50 store credit to those who submitted valid claims.
Beginning April 14, 2006- The Claims Administrator will begin sending deficiency letters to Class members who submitted an incomplete/incorrect claim.
We sincerely appreciate your patience during the claims fulfilling process. We can assure you that the Claims Administrator is working diligently to process and fulfill the approximately 125,000 claims it has received to date. To expedite the settlement distribution process, please respond to any notices of deficiency you may receive right away. You will have 60 days to make changes to your claim form to remedy any deficiencies.
Link source: http://www.girardgibbs.com/news.asp#ipod
MacDailyNews Note: Multiple MacDailyNews readers have informed us that they have received such letters starting yesterday. More info about the Apple iPod Settlement here: http://www.appleipodsettlement.com/
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Related articles:
Apple iPod Settlement now final – December 23, 2005
Apple iPod settlement benefits delayed due to appeal – November 21, 2005
Apple iPod class action lawsuit settlement approved by judge – August 26, 2005
Apple offers $50 credit for iPod batteries to settle class-action lawsuit – June 02, 2005
My Razr phone isn’t scratched after months of use.
I bought a drink and about 2 hours after I drank it I pissed my pants and looked like a fool. Who do I sue?
Got my check two weeks ago. I love my iPod, but it seemed incredibly lame that it’d lose its charge in a few hours of use, or be dead after two days of no use, after less than a year of ownership. (Scratches had nothing to do with this settlement, BTW.)
I have a 3G that I received new as a gift back in 2003. Because it was a gift, I never received any of this class paperwork or have the receipt. However, since I didn’t pay for the thing in the first place I don’t plan to complain about the cost of battery replacement.
Is replacement available in the Apple Stores?
i got my check last week
i should’ve opted for the $50 credit, but if i recall the verbiage, it was only for APPLE merchandise, not just a credit, say like a gift certificate…
oh well
I’ve got no battery problems, but I do have an itch: I ain’t buying another scratchie until it don’t.
I have a 1G iPod and it has always worked fine for me. Sure, if I didn’t use it for a week, the battery would have lost its charge and I would need to recharge it, but I don’t think that it’s such a big deal. It charges fast. I think people who got money from Apple for that are wankers. I now have 4 iPods.
Jim and Ron haven’t a point worthy of merit to share.
The 3rd generation battery (from my own experience and others’) did not last as long as it was advertised for.
If you wish to abdicate the virtue of truth (in advertising or any realm of taking part in humanity) to companies or individuals who falsely advertise their products’ abilities for profit-seeking expediency, then you seriously need to consider how morally bankrupt you are.
Boo hoo! I paid hundreds of dollars for a product that didn’t work the way they said it would. I want my money back!
What a bunch of…. oh, no wait. Perfectly reasonable. Apple once again is a bunch of weasels for refusing to honor their promises.
process and fulfill the approximately 125,000 claims it has
125,000? Gimme a break. Worst case costs Apple $6,500,000. That’s $3,125,000 for iPod customers, and $3,125,000 for the attorneys.
This had everything to do with filling attorney’s pockets and very little to do with consumer damages.
Cost me £7 to change the battery on my 3g ipod, not worth crying over.
The reversible chemical reaction that powers my generic electronic device is completing itself less and less, resulting in shorter battery life. This is a natural process in the world of chemicals. Can I sue nature?
Hey Mr. Bill- the Apple Retail stores won’t deal with the class-action stuff (I’ve asked).
Usually once something gets to a class-action lawsuit, anything related to a settlement from that has to go through the lawyers as the class-action representatives. That’s how they work. Usually, if you manage to miss the public notices and news reports and don’t sign yourself up in time- you are SOL.
God, I hate lawyers and class-action lawsuits! However, I am ashamed to admit that I sent in my claim for this one. My reasoning was that I really like my 3rd generation iPod and if I can get an extra battery for it to keep it going, it’s worth it. But I still hate freakin’ lawyers!
I didn’t get a settlement but I traded my iPod in for cash at The Great Ipod Exchange, you should check it out. They paid for my shipping, gave me a good price for my Nano, and I traded up right there online for a new iPod. Go to http://www.nextworth.com/ipod.
Mr. Bill,
On the 3G iPods, I think you have two years from date of purchase to submit your claim. On all others, I believe the deadline was Sept. 30, 2005.
You may still apply for the class action depending on your date of purchase.
As part of the settlement, people are getting a certificate good for purchases at the Apple ON-LINE store. If you go to an Apple Retail store, they will escort you to one of the Macs on display and help you buy something there.
Realize that a settlement means Apple admitted no guilt – was not found in the wrong. To make this law-suit go away, they “settled” for the terms laid out by the lawyers, namely giving each person a value of money to spend.
Pfft. My 1st-gen iPod lasted dang near 4 years. I got my money’s worth. The only reason I got a new one is because the 5th-gen was too good to pass up. I gave my 1st-gen to my wife’s best friend, who is thoroughly enjoying it.
Seriously, who wants a battery replacement for an ancient 1st-gen iPod?
my 3rd gen iPod battery lasted exactly 6 months, so yeah, I’ll be happy when the check arrives.
I’m not unhappy about missing out on the class action as I don’t like enriching trial lawyers. What I wanted to know was if you can get a battery replaced at an Apple store. Otherwise, I’ll spend $30 to get an extended life battery from OtherWorld Computing for my 3G.