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.