Last week consumers filed a
nationwide class-action lawsuit against Apple,
claiming the world's largest producer of portable music players knowingly
manufactured, marketed and distributed defective iPod Nanos.
The suit alleges the company's new iPod Nano is defectively designed,
allowing the screen to quickly become scratched with normal use. According to
the complaint, Apple advertised and marketed the Nano as being impossibly
small and durable; however, in an effort to make the device as small as
possible Apple allegedly compromised the quality of the Nano.
According to David P. Meyer, co-lead attorney for the proposed class,
Apple chose to disregard the design problem with the Nano before its release
and has not taken any steps to correct it.
"We intend to prove that in an effort to rush the iPod Nano to the market,
Apple ignored obvious defects in the design and later tried to cover up
negative responses received from consumers," said Meyer. "We seek to recover
money lost in purchasing this product as well as the $25 fee Apple has imposed
on those who have returned their product after it became unusable."
The lawsuit alleges that in designing the Nano, Apple reconstructed the
housing into a seamless front where the screen and controls reside directly
under a less durable film of resin allowing irreparable damage to occur.
The suit claims Apple knew the Nano was defective, but chose to go forward
with the release and pass the cost of replacing the defective device on to
class members. The suit also alleges that Apple concealed the defect and
advised class members to purchase additional equipment to prevent the screen
from scratching excessively.