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Attorneys Prepare iPod Class Action Lawsuit
An anonymous reader writes "Well, it was bound to happen. It looks like some lawyers are preparing to file a class action lawsuit against apple computer due to the iPod's battery problem (previously discussed here, here, and here)."
What I don't understand is how do you make a class action lawsuit out of any issue where the company it's self already has something in place for consumers that have battery issue problems.
Just sounds like a scam to me for someone looking to make a quick buck.
Alright, so maybe they didn't use the BEST batteries. Maybe they made them proprietary so you couldn't just go replace it with a $10 or $20 one... Typical Apple. Anybody who didn't think they'd use their own format is NUTS.
I really doubt this lawsuit will go very far. At least I hope it won't.
Dark Nexus
"Sanity is calming, but madness is more interesting."
$51.2 million for the lawyers, anyone who had the ipod battery problem gets $20 off a select ipod accessory. Way to go.
It seems Apple is periodically on the losing end of class action lawsuits over product standards other companies appear to get a pass on. The court remedy is usally lame for the affected consumers and at least in one case where I received an offer to join, the original problem no longer existed. I wonder how much tougher being in California makes it for them.
If you disagree then it must be overrated, redundant or trolling.
So they're gonna create a class action lawsuit on the basis that batteries die and cost money to replace? This is gonna be a hard sell. And i wouldn't be supprised if apple doesn't settle.
Don't ALL batteries eventually lose their ability to hold a charge? I agree that Apple should have designed the iPod so it is easier to replace them, but consumers also should have thought about things like replacing the batteries before buying an MP3 player that costs that much.
As with almost all class action suits, the lawyers will more than likely end up being the only "winners".
I treated mine like shiiite for 10 months, then the drive crashed. I took it to the store and no questions asked: I was handed a refurbished iPod of the exact same series as mine and was only charged a $30 handling fee. I walked into that store expecting them to tell me that I had to pay for a new one since mine obviously broke due to misuse. The replacement iPod is already 6 months old and still gives me almost 11 hours of battery power.
Of course, mine was a first generation 5GB iPod. I have friends with newer units and nothing but problems, so who the hell knows? If any of you is interested in getting an iPod, go ahead and get it. It is an amazing gadget.
Pedro
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The Insomniac Coder
Anyway, as someone else said, the only winners in these suits are lawyers. The plaintiffs will get $5 coupns and the lawyers a pile of cash.
What I'm listening to now on Pandora...
There is no excuse for producing throw away players that cost several hundred dollars.
Um, they don't? I've got a first generation, 5gig iPod (the kind with the wheel that is an actual wheel, not a touchpad). I've used it every day since I bought it two years ago. I've even dropped it once or twice.
I've had one problem with it, and it was battery related, but it was fixed by a software update a year ago.
now i can sue ford because every car my family has bought from them has broken down eventually. I'll be a millionaire!
Caveat Emptor.
They made no guarantees on battery life that I remember, its clearly stated that they use Lithium-Ion batteries, which are known to degrade, and its obvious there is no way to change that battery without extra equipment.
I don't see the case here.
Integrate Keynote and LaTeX
There is no excuse for producing throw away players that cost several hundred dollars.
Good, I hope this dicourages anybody else to make such dumb decitions in the future.
Apple chose to make an an audio player that was much smaller and much more sleek than any other player available at the time (or even now IMO). One of the tradeoffs of this design is that the battery is not removeable. However, this is nothing new for Apple. The iMac is basically impossible for the average consumer to tinker with (save adding RAM), but it still has sold well because people love the simplicity of an all-in-one design.
If you don't like the iPod because of this, don't purchase one. However, for many of us, the iPod has served faithfully as an excellent audio player. I recently replaced my original 5 GB with a 40 GB for HD space issues, but the 5 GB still runs as well as the day I got it. Hell, it runs better now due to the firmware updates. If these were dumb decisions on my, I guess I'm happy being dumb and satisfied.
...posted to their solicitation page:
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Here are some pieces of relevant information:
1. It is well known ALL lithium ion family batteries die after a period of time. ALL have a finite lifetime. Apple used the best battery technology available in the manufacture of the iPod.
2. Apple provides an official method for iPod owners to obtain replacement batteries for $99, as well as extended warranty and service plans for new iPod purchases. This is available to all owners of all iPods. (This is in addition to numerous practical third party battery replacement plans and extended service plans.)
3. The iPod was not engineered to have batteries fail prematurely, nor is there any fundamential engineering defect or deficiency with the iPod. Lithium ion batteries fail after a finite period of time, plain and simple. No specific disclosures are required for any other lithium ion product, and none should be expected of Apple. (Yes, before Apple offered a battery replacement plan, there was a big hole in their service offerings. That hole is now filled, and this whole thing is now, therefore, a non-issue. Why not start a class action investigation into lithium ion batteries in general, since that's what this is fundamentally about?)
4. As to user-replaceability: if the iPod were designed with user-replaceable batteries, it would need to be engineered with access panels and mechanisms which would add, at a minimum, likely up to several millimeters to the thickness to the unit, as well as potentially opening up the unit to greater numbers of issues than even out-of-warranty battery failures cause. Additionally, the unit would likely be not as small and sleek as it currently is, thus making the unit much less desirable.
5. Other best-of-breed products, such as Dell's DJ portable music player, also use non-user-replaceable lithium ion batteries. Dell has no plan or program to replace failed batteries outside of warranty at this time. Better get a class action investigation ready for Dell, too, because they'll have the same exact problems as Apple, in the same exact proportion. Lithium ion is lithium ion.
6. The vast majority of first generation iPods, many over two years old, continue to function without issue.
I hope you find this information valuable in your investigation, and take the time to consider the facts.
My CD player runs the CD on a pair of AAAs for ABOUT 40 hours (this is what it's rated for, manufacturer's stats).
I can get a 12-pack of AAA cells for $9 US, plus tax.
Now, the first batch of IPod batteries to fail went after 18 months of "heavy use". Let's call that... 5 hours a day. At least.
4 hours a day, for a year and a half... 2737.5 hours of use.
That translates into $102.66 US, plus applicable taxes.
Compare to the $99 battery replacement from Apple. The $49 3rd-party battery. Compare to the people who've been running theirs under "heavy use" for over 2 years now.
Hmm..... those Duracells aren't looking so good, anymore.
Dark Nexus
"Sanity is calming, but madness is more interesting."
What jurry is going to award these whiners any money what so ever?
How is an ipod any different from a watch? I need a special tool to open one of those too.
A: Unemployed
Lay the blame where appropriate. Lawyers are part of the problem, but not the only part. Blame the clients that hire them.
psxndc
The emacs religion: to be saved, control excess.
I could definitely see some compensation for people that were forced to replace their batteries (or iPods) prior to Apple's $99 replacement policy. And that doesn't seem totally unreasonable.
The iPod case reminds me a lot the similar questions and arguments when Palm bought out the original Palm V. Until, then of course, Palms had used good old AAA batteries, and there were all kinds of concerns voiced over the fact that the V's LiON batteries would 1. eventually degrade in performance 2. The only way to get into a Palm V involved using a hair dryer to melt the case's glue. Palm, of course gave no up-front warnings abou tthis when you bought the device. Now I know that the parallels are not exact, however it would be interesting to go back and see if there were any similar class action suits levelled against Palm, and to see how they fared. For what it's worth, my Palm V; bought in 1999 is still bhaving fine, with daily use and no noticeable reduction in battery life.
Batteries are not designed to have a life in YEARS. Their life is measured in RECHARGE CYCLES. Once the engineers know how the device is supposed to be used someone then figures out how often it is expected to be recharded and converts that into days/months/years.
I believe the battery in question is rated for 500 charge cycles. If you charge it twice a day then it will only last about eight months. If you charge it every two days then it will last just about three years.
If you drain the battery 20% and then recharge it you have used one of the battery's recharge cycles.
This is the main reason why normal batteries last longer for some people that for others.