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Settlement Proposed in iPod Class Action Suit

An anonymous reader writes "A court has conditionally approved a settlement in a class action suit brought against Apple Computer by several consumers who claim their iPod batteries did not live up to the company's representation, according to AppleInsider. The tentative approval was handed down by the Superior Court of California for San Mateo County and covers all consumers who purchased a first-, second-, or third-generation iPod model on or before May 31, 2004 and experienced 'battery failure.' According to the published settlement notice, 'battery failure' is when 'the capacity of an iPod's battery to hold an electrical charge has dropped to four hours or less of continuous audio playback, with earbuds attached, with respect to the Third Generation iPod, or five hours or less of continuous audio playback, with earbuds attached, with respect to the First Generation iPod and the Second Generation iPod.' The deadline for filing a claim is September 30, 2005."

7 of 420 comments (clear)

  1. Huh? by Koiu+Lpoi · · Score: 2, Interesting

    ... with earbuds attached

    Why would the type of headphones attached change the drain on the battery?

  2. Well, I have a 2G iPod but... by OS24Ever · · Score: 2, Interesting

    ...I got 8 hours out of it before I retired it. At the time I had VBR 320KB MP3s on it.

    But I'm torn. $50 in Apple pr0n or join the evil empire of class action lawsuits where the lawyeres get huge chunks of the settlement and the 'injured' party gets a gift cert or a measly check relatively speaking to the cost of the item you bought.

    --

    As a rock-in-roll Physicist once said, No matter where you go, there you are.

  3. What about Nokia!? by cataclyst · · Score: 3, Interesting

    I agree that the iPod battery life was misrepresented by Apple... but what about cell phones? Aren't their battery lifetimes inflated MUCH more than that of the iPod? And don't they have at least as short of a lifespan?

    --
    E = m * c^(Hammer)
    1. Re:What about Nokia!? by Anonymous Coward · · Score: 2, Interesting

      Yeah, those iPod batteries are so irreplacable that an entire cottage industry of 3rd parties have sprung up offering replacement iPod batteries, many with substantially longer runtimes than Apple offered in the first place.

      I dunno, the battery seems pretty replaceable to me, using a selection of off the shelf tools no less. This is like suing a car company because they don't let you replace the battery, even though you can easily do it by opening the damn hood.

      If they told people they needed to buy a new iPod, and the person believed them - there's always that old proverb about a fool and his money. Apple's culpable, but y'know, last time I checked nobody's got a class action suit running against Microsoft over similar crap.

      Can't wait for the next wave of nuisance class action suits based on this logic - Hard Drives in computers are irreplaceable! RAM cannot be installed! Dear lord, the consumer can't be expected to actually OPEN anything to get the functionality they require during a product's useful lifespan.

      Bah. What a bunch of whiny crybaby bitches. And now a few lawyers are millions richer for no good fscking reason.

  4. Re:DAMMIT by halr9000 · · Score: 3, Interesting

    Yeah, batteries wear out. Mine wore out in 3 months. Was holding a charge for an hour if I was lucky. Totally different situation there, it's not whining, it's defective. $400 device, non-replaceable battery? It was a long process, but they eventually redeemed themselves.

  5. Re:DAMMIT by Oculus+Habent · · Score: 4, Interesting

    When my equipment was broken, Apple fixed it. As I stated, when my PowerBook 190 had a damaged power connector because of poor design, for which they eventually offered a replacement system at a reduced price, and were required to repair it free for some years - probably by a much more reasonable lawsuit - they repaired it. When it came back the second time with a shattered screen, they replaced the screen.

    When the door covering the ports broke on a teacher's - weak hinge design - they sent a bag of 144, free of charge. When the power brick on my 1400cs overheated to the point it discolored the plastic, they replaced it.

    All of the times I have had problems with Apple's hardware that were not a) my fault or b) typical wear, I have had a good experiences.

    I am not saying that no one recieved defective units. I am not saying that people who did should not have an avenue for recompense. My problem is the implementation of this lawsuit.
    --
    My first generation iPod is old, now. It has been dropped several times. The Lucite facing is chipped. The chrome back is scratched. The battery doesn't last as long as it used to. Part of that - I'm sure - is it being in heat and cold when it spent time in my parked car. That's my fault.

    Apple didn't lie. The iPod I received lived up to the battery specs, or reasonable approximations under non-ideal usage. Over time, the battery degraded. For people who didn't get the promised battery life (or anything reasonable), there should be compensation. For people who are complaining that old batteries don't hold a charge as well, I have no sympathy. I'm one of them.

    Did that happen to everyone? No.
    Did some people get bad batteries? Most likely.
    Will many people who have misused their equipment be elligible for compensation? Yes.

    I believe that class action lawsuits were conceived to provide protection to consumers who would otherwise be unaware that they have received poor quality or damaged goods and are entitled to compensation. I think that this lawsuit - while having some merit - overreaches what is reasonable and provides no safeguards against abuse. "Sure, my ipod battery is bad. Gimmegimmegimme!" Now I get $25.

    If your first-gen iPod, which could be almost four years old is now experiencing battery problems, you're elligible. How many charge cycles have some of these iPods been through? How long ago did they experience loss? It's too broad.

    Also, you'll find it is often the opposite with MS products. Most people simply expect a certain level of failure from Microsoft Software. With my PC hardware, I accept certain failure - when cheap RAM or an inexpensive motherboard fails, it's cheap. When I received a dead processor though, I got a replacement. When equipment fails unreasonably, I look into it. When the old laptop battery doesn't hold a charge, that's the cost of business.

    --
    That what was all this school was for... to teach us how to solve our own problems. -- janeowit
  6. Re:I see where you're coming from by Tony+Hoyle · · Score: 2, Interesting

    Mine does that. If it isn't continuously plugged into power it eventually goes flat, which means it's not useful if I'm not around the computer for long.

    They drain battery whilst switched off, and because it's nonremovable you can't just pop it out to conserve it, which means I'm looking at a brick in 18 months or less because it has to be charged every day, even though I probably listen to it for maybe a couple of hours a week.