one digital life

Class Action Lawsuit over Nano Scratches?

I’ve been following this for a while, and every time I hear about it, I get a little more pissed off. If you haven’t heard about this, the attourneys at David P. Meyer & Associates Co. LPA, herein referred to as the dumb-asses, have filed a class action lawsuit against Apple because people have scratched their iPod Nanos. Give me a freakin break!

The dumb-asses have claimed that the Nano is a “defective product” because “…if users were to put their Nanos in their pockets with common items such as coins, keys, a money clip, or a credit card, the device would likely be scratched”. No shit sherlock! As cool as the nano is, in the end it’s just a small piece of plastic. It’s going to get scratched if you put it in the same pocket as your keys. This isn’t rocket science, it’s common sense!

The dumb-asses further claim that Apple has mislead consumers by marketing the nano “as being impossibly small and durable”. Ummm… I remember the “Impossibly Small” tagline, but I’ve never seen that last bit about durability?!? The dumb-asses site the Steve Jobs keynote, that they mistakenly refer to as a national TV commercial, where Jobs pulls the nano out of his pocket to introduce the new Nano as proof that Apple is stating the Nano’s durability. Ummm…. no, that’s what called a dramatic introduction to illustrate the Nano’s size.

As compensation for their scratched Nano’s, the dumb-asses want “(a) an order certifying the action to be maintained as a class action and ordering
Plaintiff and his counsel to represent the class; (b) restitution and/or disgorgement of profits; (c) compensatory and consequential damages; (d) punitive damages; (d) attorneys’ fees; (f) costs of this suit; (g) pre and post judgment interest; and (h) such other and further relief as this Court may deem necessary or proper.”

I can’t decide if these people are really this stupid, or just incredibly greedy. Either way I’m thoroughly disgusted

If you are interested, you can read the full court document, in PDF format, here.

5 Comments to Class Action Lawsuit over Nano Scratches?

1. Since when are forum message posts reason enough to make a lawsuit? Dumb asses indeed…
Andrew on November 1st, 2005

2. Scratch and Sniff Nanos

   KRON4.com Web Producer Erik Wong is a very wise man. Yes, he’s a wise one of those too! Erik is the proud new owner of an iPod Nano. So, I asked him just today if he had experienced problems with…
The Bay Area Is Talking on November 1st, 2005

3. I want to know how many of the people in this suit own black nanos… the sole reason I didn’t buy a black one was that I knew that it would show scratches much more than the white. I’ve owned a black car before and know how it will show the littlest amount of dust, scratches and anything else.

   If they’re putting it in with their keys, then they are just plain stupid and I think they should list their names on-line so we can all giggle at them and black list them (that is prevent them from ordering anything that is black)
Ben on November 5th, 2005

4. we own an ipod, 2 nanos (both white) and a mini ipod (we are a family of 4)…..we have all the bells and whistles that go with all of them. from what i have seen for sale etc … you can purchase a sticker type thing that will stick to your nano to keep it scratch free. my opinion is a little scratch simply makes it better because it is well loved!
Nonie on November 10th, 2005

5. Well, that is just pathetic. I don’t have any iPods but I think any iPod has the potential of getting scratches, like alot of other gadgets. They shouldn’t complain, as long as you have the iPod for Lord’s sake.
Kay on November 27th, 2005

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