The truth behind the iPod nano ‘scratch’ class action suit

Jason Tomczak has written an open letter to the Mac community:

Dear Mac Community:

Hello! My name is Jason Tomczak. Many people around the world rightly know me as a mild-mannered techie, photographer, writer, and nature-lover. I am an Apple fan and have been fortunate enough to use Mac computers and other Apple products since about 1985.

On October 19, 2005, my life changed due to the unauthorized conduct of others. From that date forward, countless numbers of people around the world were driven to hate me and slander my name, sometimes using foul and threatening language.

Since October 19, 2005, my name has been infamously tied to the iPod Nano “Scratch” Class Action law suit filed against Apple.

The truth is that I never sought out nor did I ever hire David P. Meyer & Associates or Hagens Berman Sobol Shapiro to represent me in any case, much less the iPod Nano Class Action suit.

Full letter here.
[Thanks to MacDailyNews Reader “John” for the heads up.]

MacDailyNews Take: What was pretty fishy before (see related articles below) has now become even fishier with this letter from Tomczak. What do you think?

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Related articles:
Class-action lawsuit filed against Apple over iPod nano scratches – October 21, 2005
Pro-Microsoft attorney involved in anti-Apple iPod nano lawsuit – October 25, 2005


  1. Just goes to show, if a lawyer contacts you for any reason, the best response is to have your own lawyer handle all contacts.

    Sounds like someone was just looking to make a big name and fast buck…

  2. Wow! Curiouser and curiouser.

    In other news, I ordered a MacBook from the Apple Store on Friday, it was shipped same day from Suzhou China and arrived today, Tuesday.

    Talk about JIT product cycles.

  3. And he’s just getting around to make this statement now? What has he been waiting for during the last 7 MONTHS?

    If he was wrongly accused of filing a frivolous lawsuit then I would think he’d be a lot speedier with his denial. Especially if he’s getting threatening email or phone calls.

    If somebody accused me of, oh I don’t know… loving Dell, then I would certainly pipe up about it.

  4. i would consult apple legal. one way to de-rail the lawsuit is to taint it – so the judge will dismiss it. if i was the lead plaintiff in a class action against apple. i would compose a friend-of-the-court brief in defense of apple therefore establishing conflict of interest and corrupting the class action case.

    i figure – if you are screwed – go all the way and take down as many as you can.

  5. Man, you gotta feel sorry for the guy. I just don’t understand the whole deal because, well, I have a Nano and it doesn’t seem excessively scratch prone to me. Were there two revisions of the Nano?

  6. Wow. How it is possible that a law firm can use your name in filing court papers without your consent? Based on that alone, a judge — someone please step forward — should fine the law firms using his name without consent, and throw out any court case relating to the iPod nano or Jason T.

    They should also have to pay for any of HIS lawyer fees, as well as pain and suffering for him and his family. Mac community — get behind this guy. Send a letter to these discpicable law firms and stop them from continuation of abusing Jason.

    Can someone write a quick form letter that everyone can use? I will get the law firm’s email addresses.

    Anyone else with me?

  7. Sounds like soemone “the entire mac community” should send hate mail to these lawyers until they drop this thing. You prbably can’t do much business with you internet connection all clogged up with hate mail. That will teach them to mess with Mac users and it’s totally legal to boot. By “hate” I mean we don’t like you email.

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