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Apple tried to force gagging order upon owner of exploding iPod

Posted on Monday, August 03 2009 @ 15:53:36 CEST by

Times Online brings the story of Ellie Stanborough, an 11-year old girl from Liverpool who's iPod Touch exploded. Ken Stanborough, 47, reports the portable media player made a hissing noise and kept getting hotter in his hand. He threw the device out of his back door, and half a minute later there was a pop, the iPod went up 10ft in the air and churned out a big puff of smoke.

Despite the dangerous situation, the Stanboroughs didn't ask Apple for compensation, they just wanted their money back. After being passed around several departments at Apple, the company send a letter denying any liability. Apple offered a refund, but only if the Stanborough family agreed to sign a gagging order preventing them from saying anything to anyone:
Ken Stanborough, 47, from Liverpool, dropped his 11-year-old daughter Ellie’s iPod Touch last month. “It made a hissing noise,” he said. “I could feel it getting hotter in my hand, and I thought I could see vapour”. Mr Stanborough said he threw the device out of his back door, where “within 30 seconds there was a pop, a big puff of smoke and it went 10ft in the air”.

Mr Stanborough contacted Apple and Argos, where he had bought the device for £162. After being passed around several departments, he spoke to an Apple executive on the telephone. As a result of the conversation, Apple sent a letter to Mr Stanborough denying liability but offering a refund.

The letter also stated that, in accepting the money, Mr Stanborough was to “agree that you will keep the terms and existence of this settlement agreement completely confidential”, and that any breach of confidentiality “may result in Apple seeking injunctive relief, damages and legal costs against the defaulting persons or parties”.



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