Nano suit may scratch iPod

2005-10-25 10:20

San Fransisco - A disgruntled buyer of Apple's hit miniature music player the iPod Nano is suing the company for knowingly selling a defective product and is hoping to turn his case into a class action lawsuit, reports said on Monday.

The suit was filed last week by Jason Tomczak who bought an iPod Nano in September that he said quickly became so scratched he could not view the screen.

Apple replaced that device because of a battery problem, but the complaint said the replacement also became so scratched that Tomczak decided to return it.

The disheartened buyer is asking the court to order Apple to reimburse him for the cost of the iPod and for the $25 fee it cost him to return it.

A judge is yet to rule on whether to grant the lawsuit class action status which would apply the same terms to other disgruntled owners of the credit card sized device.

Apple relies on the hit music players for a third of its sales and a class action suit could severely damage the company.

The suit, filed by law firm Hagens Berman Sobol Shapiro LLP, said Apple has "failed to remedy the problem in any meaningful way" and claimed Apple deleted postings on its website that relate to the scratching problem.

The complaint claimed that the scratching was caused by Apple's decision to coat the device with a thin layer of resin that was inadequate to protect the screen.

"Rather than admit the design flaw when consumers began to express widespread complaints ... Apple concealed the defect and advised class members that they would need to purchase additional equipment to prevent the screen from scratching excessively," the complaint said.

Apple sold more than 1 million iPod Nanos after the units were released in September, but sales tapered off as word of the defective screens started to spread. - Sapa-dpa

- SAPA