Apple sued over faulty iPod Nanos

Owners of the iPod Nano have filed a class action lawsuit against Apple claiming that the company is committing fraud because they charge users to replace Nano screens that damage because of a manufacturing defect, not because of improper usage - a practice that would possibly violate California fraud laws.

Harvey Rosenfield, a lawyer for the Foundation for Taxation and Consumer Rights, a California-based non-profit group, said Foundation members disagree with Apple's policy of charging $25 for replacement Nano screens when the company is at fault for the defect.

"People aren't paying $300 to $400 for something disposable. These aren't razor blades." Rosenfield said. "Apple CEO Steve Jobs introduced the iPod Nano by pulling it from his pocket. If it can't work the way it was introduced, why should someone have to spend more money to fix it?"

FTCR became aware of the problem through postings on various consumer websites, Rosenfield said, adding that the problem mainly exists on the black Nanos.

According FTCR's complaint filed on Feb. 9 in the San Mateo California Superior Court, "Merely carrying the Nano in a pocket, a use expressly advertised by Apple, causes cracks, streaks, scratches and scuffs ... which make the screen difficult to read or illegible."

For example, Jason Tomcazk decided to sue Apple when he found that his iPod Nano screen was severely scratched after he rubbed it with paper towels, according to Redherring.com, a business technology website.

According to the Apple Store in Cambridge, all iPods come with a one-year warranty, which covers all "internal defects in manufacturing," but not "external forces."

Although scratches on the screen are considered "external forces" and are not under warranty, Apple offers alternatives. One such alternative is a protective carrying case, which would prevent scratches.

"Asking customers to purchase a case is nonsensical," Rosenfield said. "The Nano is marketed as 'coolness.' That's what's sold. Now the consumer is being asked to cover up the coolness. However, it's advertised as it looks."

As a result, the FTCR lawsuit claims that Apple committed "fraudulent concealment" because Apple did not inform consumers that the screens are so fragile although company administrators had that knowledge.

Even though Apple has the names and addresses of the customers who purchased Nanos, the company has not "notified consumers of the defect," according to the suit.

Apple has sold more than 30 million iPods since they were introduced in late 2001. Recently, customers have also filed complaints regarding the iPod's battery, claiming that the computer company failed to disclose the battery defects to their customers, forcing them to purchase new batteries. The case was settled out of court last August.

Apple Computers did return repeated phone calls.