“This injustice was addressed by Stephen Vale, whose filings call Apple out for advertising wild claims about the clip-on MP3 player’s uses,” Dickey reports. “These include — but are not limited to — its ability to function while “Working out,” “Running,” “On the Road” (with a picture of a woman on a bicycle) and “On the Go” (with a picture of a woman pushing a shopping cart).”
Dickey reports, “Vale is leveling five breach-of-warranty counts, one count of false advertising, and one count of unfair competition. He seeks unspecified damages for himself and any California resident who chooses to join the class.”
Full article here.
MacDailyNews Take: They don’t call it The Land of Fruits and Nuts for nothing.
I’ve had that happen myself and my brothers ipod also. Fortunately because of the high quality buid, the Ipod shuts itself off immediately to prevent any damage. After it’s dry it’s good as new. But I wouldn’t drop it in a swimming pool for a day or 2.
Waaah
My heart goes out to these poor people in California for the injustice they have to endure….
Oh my
@Ubermac…. actually most of us in Ca are fairly normal. The problem is the earthquakes, Jerry Brown, the Govenator, great weather, Steve’s reality distortion field, and simply being a great place to live attracts all of the other 50 state’s nutjobs to move here.
At least that’s what my Shaman/personal advice/trainer/tattoo artist told me last week at my tarrot card reading.
Furthermore…. how much do you have to sweat to get it to run down the cord? Seriously…
Well played Jim
@Spatlantean
“Fortunately because of the high quality buid”
For a moment I thought you meant your build — in such fine shape that you don’t sweat, unless you’re bench pressing trucks.
Look for the next generation of shuffle to either have the connector at the bottom, or a clip that allows the shuffle to be clipped upside down. That way any perspiration travelling down the cable will drop off before getting into the shuffle itself.
It’s not an original idea. It’s standard practice to fit radio microphone body packs onto stage singers and dancers upside down for exactly that reason.
The problem is you yanks have too many lawyers who work on a no win no fee basis. If mister sweatalot lived in the uk he’d have to pay firstly for his own solicitor, followed by his own barrister to get his ridiculous claim to court. The whole lot would be too expensive (especially when he loses the case) that it would never happen over here in the uk, so it just goes to show that living here does have some benefits.
Alan… I’ve got a countryman mic for a sure bodypack that connects to the top. The body pack is a few years old, is this a new innovation?
sounds like someones looking for some extra cash
Macduff… you’ve got a point. But then I’d never be able to walk down the Venice Beach Boardwalk and see this…
try this…
With sweat, and I sweat a lot when working out the switches corrode and no longer function. I’ve had this happen to two of them. But it’s not from sweat running down the cord it’s from my sweaty hands turning the switch off after I’m done. I suppose I could avoid it but it’s too bad it happens.
Actually I know Kalifornica pretty well, lived there for a year… I think it’s the 120 degree heat that cooks too many brains there.
That’s it, I’m going to sue every designer and shirt manufacturer that I ever bought and stained from sweat or spilling. I’m going to sue because they never warned me that I might ruin the shirt doing these activites.
Geeze, what was I thinking when I purchasing replacement clothes all this time.
Go to Manhatten Beach a lot. The Apple store is located a short distance from the coast.
It is an expensive place to live and many there are anal and a wee bit snotty. At least by my East coast view point. This person is looking for an easy pay or believes perfection exist outside of his/her argoant ass. Just another want to be Bill Gates by means of legal action.
My opinion, throw his rear-end into the DWP sewer treatment plant located down the road, put the waste where it belongs!!!!!!
I’ve seen this in iPhone earphones. When they get moist — sweat or rain — god help you. iPhones are also vulnerable to snow. Dropped mine in the snow here in DC while I was shoveling — snow didn’t get in the phone, just a little bit on the dock connector — and it tripped the moisture sensor.
Read the warning labels one more time people. Don’t pin the iPod to your underpants.
If you don’t like fruits and nuts, move back to (insert other state name here).
Solution is to put a condom (not previously used, not pre-lubed) over iPod. Or in this guys case, he can put over his head and look like the dick he is!
@ Jin – TIV
Point taken jim. By the way trust you yanks to go one better than us, I mean we invent Morris men then you put em on rollerblades and strap on an electric guitar. Now that’s why I love your country!
“The problem is you yanks have too many lawyers who work on a no win no fee basis. If mister sweatalot lived in the uk he’d have to pay firstly for his own solicitor, followed by his own barrister to get his ridiculous claim to court. The whole lot would be too expensive (especially when he loses the case) that it would never happen over here in the uk, so it just goes to show that living here does have some benefits.”
MacDuff you forgot that in the UK the loser has to pay the prevailing party’s legal costs.
@ Gregg Thurman
I stand corrected Gregg, you are of course right on that point and that’s why we fortunately don’t seem to be overrun by crackpot claims like this in the uk. Oh sure we’ve got plenty of Have You Had An Accident type of companies sprung up hoping to help some Saturday night drunk who slipped on his own dropped kebab make a claim for supposed injuries but the absolute cranky claims just don’t happen because of the costs, plus the no hope of success scenario.
Can i have some of what he’s Been Smoking.
“What a Nutcase”
Looking at this logically. What does that owner have to gain on a $75 product? The answer…..not much. However, the attorney, if he can get $25 in damages and can get 100,000 people to join the suit, that is $2.5 million dollars. The attorney then takes 50%, which is $1.25 million. Sounds fair.
Let’s state the obvious: if you are working out hard enough to sweat it’s also going to be hard enough to shake the sweat off of the cable.
However
I’m at the gym at least 4 days a week and I do not put my 3gs in my pocket after cardio when I do weight training. Why? Cause the persperation builds up in my pocket enough to cause water droplet to form all over the case. I don’t want to chance it. I already lost my 3g wifi due to water damage (according to the ppl at the apple store)
It shut down with sweat? Well, give it a spritz of some electronic-cleaing spray to make it start. You fat douche bag.
@ Mr Vale: Ever considered investing in some antiperspirant?
So if the plaintiffs win, will they get some sweat equity?
When I used to be stricken with Motorola phones they would short out if you accidentally said the word “sweat” in their presence. If you dropped them as much as 14 inches onto a plush carpet, it would crash, never to revive. Sprint always said it was clearly my fault. I didn’t sue; I went elsewhere.
Seems a perfectly fair claim to bring into an upside down legal system!
In a world of such sadness, unfairness and poverty it revolts me that such a disgusting human being exists. You sir, whoever you are, are a disgrace. You and your kind and the so called legal system that would even entertain such nonsense are revolting. And here speaks a world travelled mac fanatic and also someone who loves the us and everything it has historically stood for. But THIS….. is pathetic
I’ve killed 2 sets of iPhone earbuds, presumably from sweat, but it’s never caused my iPhone any problems. It would be nice to get better headphones in the package, but forgive me if I don’t rush to join the class action.
Then dont sweat on it, duh
It’s simple…loser pays.
I lived in California (LA) for 2 years during my post-doc at UCLA a few decades ago.
I just wanted to report that after extensive therapy I am ok now.
Look, as you get older your dick suffers some shrinkage. It happens to all of us. Sweat did not cause the shrinkage.
WTF does this have to do with your iPod shuffle?
I’ve had exactly the same problem, though I was working construction, not working out.
Holy crap I live in manhattan beach ca!!!!! And it’s 2×2 miles I wonder if I know the guy!! And don’t hate on ca it’s paradise
Did he had it in his underpants, because it’s the sweatiest place while working out.
Sweat is corrosive. Have you seen stationary bikes? When pros ride on a training stand, they have special towels that hook over the handlebars and run past the top tube, protecting it from dripping sweat.
If they extend this beyond Cali, I’ll join: I’ve had the _exact_ same problem with 3 (count ’em, three!) sets of headphones. Sweat (normal workout sweat–never ever worn outside) travels down the headphone cords and breaks the volume up/down and play/pause controls. Not only don’t they work, but the volume randomly goes down, and the “pause” button acts as if it’s always plugged in.
I got a replacement the first time, but not since. This is clearly a flaw in the design (or at least water-proofing) of the headphone controller and should be addressed to us shuffle owners sans charge at the very least.
Clue to packaging guys. Put a sticker that says Warning don’t sweat on this iPod or it will shut off. Not intended for sweaty people. If you do get any moisture on your iPod then exepect it NOT to work. Apple strives to make the highest quality consumer electronic devices and NONE of them are for sweaty phucs so BE CAREFUL
The Land of Fruits and Nuts and Flakes
MacDuff, You’re quite correct, the lawyers in the USA are shysters of the lowest order. Nearly everyone in the government are lawyers. Obama is the worst.
Notice how none of us are surprised anymore. It just keeps getting better doesn’t it boys & girls?
“…..one count of unfair competition”
and this has what to do with sweat?
The problem is neither unique, and for a product which is advertised with people running, it is a problem. You expect skis to work on cold, even if they don’t write it on them. You expect underwater masks to not be water soluble, and you expect things which are advertised as working in a gym, as working.
Now get over your fan nerdboy asses and expect a company to server you rather than you them for a change.
My shuffle is horrible when I work out. I can run for about 20 minutes then it either shuts down, lowers the volume, starts skipping around during a song, or voice over constantly tells me what song i am listening to. Now I dont agree that the sweat runs down the earbud cord, but I do believe that it gets in the controller and messes it up.
Actually Jim, you don’t have to sweat that much. This happens after about 20 minutes of jogging/running to just about anybody in the world who uses the 3rd generation ipod shuffle. If you don’t believe it, go to the support forums on the Apple website or Amazon to see how common this issue is. They obviously never tested the thing for what it was supposedly so great for, listening to music while exercising.