Apple in Class Action Lawsuit Over Scratchable iPod Nano

A class-action lawsuit has been filed in a California court by a Seattle law firm on behalf of a California man accusing Apple of knowing that its new iPod nano portable music player could be easily damaged by normal use.

“Although it was clear that the Nano was defective, with fierce competition in the digital music industry, Apple decided not to delay the release of the defectively designed Nano, but to pass the cost of replacing the defective product along to class members,” the lawsuit read.

“Moreover, rather than admit the design flaw when consumers began to express widespread complaints about the screen’s propensity to scratch easily and excessively (and rather than agreeing to replace them as Apple had done with respect to Nanos with cracked screens), Apple concealed the defect and advised class members that they would need to purchase additional equipment to prevent the screen from scratching excessively.”

The lawsuit asks for a class-action determination, damages that include the cost of the nano, punitive damages, attorney’s fees.

Nano owners can join the class action by filling out a form posted on the Web site of Hagens Berman Sobol Shapiro LLP, the law firm which filed the lawsuit.

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