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Judge Approves Settlement in iPod Suit
BabbaBooie writes "According to AppleInsider, on Thursday a San Mateo County judge granted final approval of a settlement in the iPod class action suit that affects as many as 1.3 million iPod owners who may have been victim to poor or defective batteries. Under the settlement, owners of either a first- or second-generation model are entitled to $25 cash or $50 credit at the Apple store. Owners of third-generation iPod models are entitled to a free replacement battery if the battery fails. The deadline for submitting a claim is September 30, 2005. Lawyers say the settlement could cost Apple as much as $15m."
Because they didn't make false statements about the battery life on an iPod...which is what the entire suit was about.
Big corporations need to pay for THEIR mistakes. Not THEIR customers.
it may cost them 15 million in coupons, but how much will it really cost them? after all, if everyone cashes in, it's that many more apple products out there in the hands of consumers.
As most people will never hear about this, or simply forget to get their cash in time.
Go here for teh [sic] funny.
Meanwhile, owners who actually paid Apple to repair a battery in one of the players will be entitled to up to half of that cost back.
Between this and the "$50 credit," does this seem like it's not really that great a deal for the people that were impacted by these defective batteries? I mean, aren't they still losing money because of a defective product?
"You're older than you've ever been, and now you're even older."
Why the judge was wearing an iPod suit is yet to be determined.
Anything you can do, I can do meta.
I can understand replacements on 3rd or 4th generation units. But by now, who would be able to tell if a 1st or 2nd generation iPod really had a defective battery, or if its just old?
I don't get it.
What about my 4G iPod which has poor battery life? Am I stuck with it?
How am I supposed to fit a pithy, relevant quote into 120 characters?
This is why built in batteries are bad! Not only does it screw the customer, it screws the manuf. in the end. Not that $15m is alot Apple, but still, it's a big damn drop of water in that bucket. They should use cellphone-style batteries. Keep an extra charged, jus tincase you stuck in the desert and need a soundtrack to your death-martch to the next gas station. Oh no, your batteries died, but wait, you have an extra one. pop. more music to die by.
Not to hurt any fans here on /. but I wonder if the customers have to go to court for something as trivial as a battery, does Apple really deserve the kind of following it actually does.
I first came to know of this battery thing here http://www.ipodsdirtysecret.com/message.html
Its good to have good products, and I believe Apple makes really good products, but I guess they need to be a li'l more flexible with something as trivial as a battery.
Yeah, they didn't mention it, but that's not the same as a false statement. Apple's older archived iPod page doesn't say anything misleading, only that it's a Lithium Polymer battery that lasts 10 hours of continuous playtime.
That's actually a decent anf fair settlement. I was actually surprised by that. Class action settlements these days amount to a cheesy $7.93 cent check or something just as equally worthless compared to the repair costs or the hardware costs involved.
Lawyers say the settlement could cost Apple as much as $15m.
Though I'm sure their take will be somewhat smaller than that. Roughly $14.9m for the lawyers sounds about right.
Not sure, but I think the claim might have been for the fact that Apple did _not_ provide replacement batteries.
See http://www.ipodsdirtysecret.com/message.html
That's news?!?!?!
Real news would be:
Judge Approves Settlement in bathing suit.
Old people fall. Young people spring. Rich people summer and winter.
I ran the test on my 3G iPod and the battery lasted >8 hours, so I'm not getting anything from the suit (except that my iPod is fully functional), but I was wondering about the test - you have to run it on all defaults after a reset, so shuffle is off, which I assume means that the HD is not being exercised very much (and I assume that the HD is the big player in the power budget). Does anyone have stats on how representative the test is, or how the run parameters were decided on?
You need to show proof of purchase for some of these, like the 3rd gen battery replacement option. I replaced my ipod battery myself about 1.5 years after buying my ipod. chances of still having proof of purchase? 5% :/
"Not knowing when the dawn will come, I open every door." - Emily Dickinson
I would think giving iPod hungry people $25-$50 credit will actually make Apple money.
Wow, sent an e-mail as suggested when clicking on "use classic" banner, and got a fast response that addressed my msg
My cell phone doesn't provide replacement batteries, either. I don't get what the deal is, are people mad their warranty didn't cover it?
I received a letter which I assume is because I did something to register my iPod. At least this is my assumption.
Oh course I no longer have that iPod, it died, so I cannot act on it.
* Winners compare their achievements to their goals, losers compare theirs to that of others.
it was still going strong four years later, dust covered, when my son found it on one of my shelves.
..."
He used it that day - and then said "God, dad, the music here is so lame!" So I told him it was music from that far back and he went "Oh
Now that is battery life - and just using AA batteries.
-- Tigger warning: This post may contain tiggers! --
The false claim was the 10 hour battery life. The suit was about the battery life, apple claimed 10 hours...most people, including myself, on the 3rd gen iPod barely got 5-6...that's an almost double claim on battery life. It was, at one point, a hot topic of discussion on some of the iPod forums.
Big surprise, the lawyers make a cool $2 million off this. That's right, they made $2m out of the $15m that "might" be collected by the deadline ONE MONTH FROM NOW.
Quit tech, folks, and go into Law.
The other issue being they also advertised 10hr playtime, when a few people were lucky to get 8, and most got 6. If your cellphone was advertised as giving 10 hours of talk time per charge, but you could only talk for 5 or 6 before it died, would you not consider that a defect, especially if the phone manufacturer told you that to fix it it would cost the same as a new phone?
Tm
Support TBI Research: http://www.raisinhope.org
My 3g iPod's battery went to hell awhile ago.
Yeah, but you can buy a replacement cell phone battery and switch it yourself.
The iPod batteries lasted much shorter than they should've before needing replacement, and the charge for replacement was nearly the cost of the whole unit anyway.
People are made because the got the iShaft.
Hmmm witty sig or funny sig? Maybe elitest techy sig!
Per the Claim Form, "Proof" for the 3rd generation replacement includes an invoice, cancelled check, credit card or debit statement (either specifically showing the iPod transacation or not).
So, if you keep any records at all, then you're likely in the clear.
When I saw the post, as always, I made a small bet with myself about how many posts would go by before some jackass raises the "let's somehow blame this on M$" flag.
After seeing the article, I thought to myself - there is no way this could be linked to m$, could it? So maybe at least 100 comments before the name shows up..
But wow - first post. un-fucking-believable. you sir, are a true moron.
If I have seen farther than others, it is because I was standing on the shoulders of giants.
I wish there was a settlement for the TI book hinges on the display. Every one I know that owns one has had them break. Both my right and left hinge have broken on my 2002 Ti book.
I held off getting the original Ipods because I was skeptical about the internal batteries. Batteries go bad after use every one knows that. The hinges on the TI book are another story. Who expects the display of their laptop to just snap off?
Do the lawyers get their share in batteries and credits from Apple?
Or birthday suit.
Who knows what's going on under those robes?
NICE one! I love the creative I hate Microsoft spins /.ers come up with, especially on an Apple story. Well done.
// no
More people have been victim to poor and defective MS software for over a decade...where's the class action lawsuit there?
I guessed you missed the news two years ago (and the boat, since the claim period is closed):
Microsoft settled with most of the fifty states and District of Columbia for (place pinky against mouth) 1.1 billion dollars in a class action suit for "overcharging" for MS Windows and MS Office. I have my $30 coupon (good towards any company's hardware or software) right here.
As with most class actions, the claimants are usually far fewer than theoretically possible because people (like yourself) fail to learn about these settlements during the claim period.
I recieved my settlement form for the suit this summer. I have an early 3g model. I was given the option of either a replacement battery or a $50 credit. As I also had an extended warranty, I took the $50 credit. Am I not going to get that credit now?
To be fair to Apple, the page only promises 10 hours of playtime. They don't promise another 10 hours after a recharge.
My LogitechTM cordless optical mouse (which I bought with a cordless Logitech keyboard) has a non-replacable battery, even though the keyboard uses replacable AA batteries like a TV remote.
Can I sue Logitech?
If they can't develop a magical battery that can be recharged an infinite number of times and still work, they don't deserve to have any support at all.
If you had installed Microsoft's News Alert Messenger plugin and disabled your popup blocker, firewall and virus scanner, you would have been informed in plenty of time.
I got my ipod as a gift - I have no idea what generation it is.
Is there an easy way to tell?
If you have a qualifying iPod don't participate in the settlement.
I just replaced the battery in my iPod (no G, nuthin') after having it for over 3 years. The 800mAh came out, a 2100mAh went in ($30 shipped) and it's better than new.
I was never expecting a magic battery that would last forever. The iPod opens up the same way as my iBook opens up. The battery is removable, not soldered on the mobo. Apple didn't do anything unreasonable here.
If you're going to try to get a $25 gift certificate to the Store, you're just validating the lawsuit. These kinds of Class Action suits hurt America. But not the lawyers.
My God, it's Full of Source!
OUTSIDE_IP=$(dig +short my.ip @outsideip.net)
Now I can comfortably sue:
My Laptop manufacturer
Energizer
Duracell
My cell phone manufacturer
My car manufacturer
Any other company that has "rechargable" batteries because they will only recharge so much until the battery is shot.
And yes, car batteries are rechargable, what the hell do you think the alternator is doing?
aw, did your feewings get hoit?
Lots of other companies send out 50 bucks off coupons by mail even when aren't involved in lawsuits. My neighbourhood grocery sends out 10/20 bucks off coupons once in a while.
> yep sounds like my nokia alright, and your point is???
FragHARD or don't frag at all
The non-replaceable battery is an INHERENT FLAW in the iPod design. rechargeable batteries will stop working after a period of time, guaranteed absolutely positively, it's the nature of the beast.
So knowing that, why the hell on earth would someone buy an iPod, knowing that it's going to stop working sometime between 1 year and who knows when? that's fine for a disposable device, but for a $400 iPod that's total BS.
face it, Apple sells the device that way because they want you buying a new one every couple of years, they don't want you to buy a new battery and use it for a decade.
and yes, I do own an Ipod, although I got it for free and wouldn't have paid money for it.
1. Sell products with defective batteries 2.a. Sell replacement batteries at a huge markup b. Lose lawsuit & send coupons which help sell more stuff. 3. Profit twice.
If you going to post about prime numbers at least get a UID that is prime.(you only missed by 131 try again you might get closer)
Screwed out of your $50? Maybe you should have done some product research before buying. I had no problem replacing the battery in my Creative Nomad.
The actual fair settlement for this would be to Refund the few people who *did* pay $200-$300 to get their 1g or 2g battery replaced, maybe even give them a bit more. Apple keeps a customer database, they know who did it.
Anyone who hasn't, tough cookies. $50 for a replacement service is perfectly reasonable when compared to other manufacturers, and has been around almost as long as this whole debacle. Batteries die, and I don't remember Apple ever claiming that they run the ipod on magic fairy dust that doesn't.
But giving anyone who bought an early ipod (which includes many that didn't die before the cheaper fix was announced) $25
a) Doesn't actually refund anything close to what the few people who got screwed paid.
b) Gives money to a bunch of people who bought a perfectly working product.
This, like most class action suits, is just another example of the messed up nature of our litigation-happy over-lawyered legal system.
RTFA before blindly jumping on Apples side buddy. It is clearly stated in the linked article what claims about the battery made by Apple were.
/. for long time and you are subscriber so I think it reflects poorly on you when an AC has to tell you to RTFA.
You've been on
How is it that Apple is beaten up over this, yet norelco shavers get out of this whole mess without a nick? (hehe, sorry, couldn't resist)
Seriously, though, norelco's been pulling the battery scam for a long time. Can I start a class action suit?
The Apple users apparantly expected more, so they organized a class-action suit. You could have done the same. Now Nokia just has one more piece of data that encourages lying to consumers.
Blar.
He wore an Ipod suit while making the decisions?Gee...the US legal system is going to the d00gz :P
Du kan glomma dina ensama stunder, du kan lita paa teknikens under - Wilmer X
where can I find one!
Let's sue them too! Their old PocketPCs provided no way of easily changing the rechargeable battery without having to take the case apart (although the batt did last for a few years longer than the iPod).
-Palal
The article summary looks incorrect. I have a 3rd gen ipod and qualified for the settlement. The options for 3rd gen owners really are:
1)
replacement of the iPod's battery or (at Apple's discretion) a replacement iPod. [DO NOT SEND IN YOUR IPOD. Unless your claim is rejected by the Claims Administrator, you will be contacted with instructions on how to return your iPod and where to remit the applicable shipping and handling charges.]
OR
2)
a $50 Store Credit redeemable toward the purchase of any Apple-branded products or services (except iTunes downloads, iTunes Music Store Cards, iTunes Gift Certificates, or any other product redeemable for iTunes downloads or cash) at The Apple Store (Online) or at a kiosk (a computer linked to The Apple Store (Online)) located in a "bricks and mortar" Apple retail store. Store Credits may be transferred once but may not be aggregated with other Store Credits or redeemed for cash. Store Credits may be used to purchase multiple products but, in all instances, the full $50 credit must be used up or exhausted in a single transaction. Store Credit does not apply to any shipping, handling or sale tax charges applicable. Store Credit will expire within eighteen (18) months after the date of issuance.
The dealine for 3rd generation Ipods is Sept, 30th 2005 or 2 years after the purchase date, which ever is LATTER, so you don't have to have a failed battery by sept, to get a replacement, just hang on to that submission form for the next year and 1/2 just in case ;) (Like I will be doing).
I think the estimates might also inflate how many people might qualify - I tested my old 5GB iPod to see if I could get a rebate but it still holds about 9-10 hours of charge on it.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Working iPod Halloween Costume
Oh... you mean the judge wasn't wearing the suit? My bad.
I am armed because I am free. I am free because I am armed.
Does this apply to international iPod owners as well?
Random is the New Order.
Well the battery on the original 5GB iPod I own still holds around 9 or more hours of play in it (according to the test).
So as far as I'm concerned the rep is good.
If enough people have experiences similar to mine, then they will maintain a good rep. So while it looks like a lot of people have issues, the real question is what percetage of the userbase are we talking about? I would imagine that it's smaller than at other companies, as people still seem very happy with Apple and iPod sales are still brisk.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
so, let me get this straight, out of your $300+ purchase, Apple is going to give you back $25 (oh, sorry, $50 if you feel like getting potentially ripped off by Apple again)? That's outrageous. For a problem like this there should have been a recall, and a full refund. Giving you $25 does *not* fix the fact that you have a hooped battery in your very expensive piece of electronics.
BeauHD. Worst editor since kdawson.
For what it's worth, it costs as much as I paid for my phone for a replacement battery for it:
/ vx-3200
http://www.batteries4less.com/lg-bam/vx-3200-3200
T Money
World Domination with a plastic spoon since 1984
Maybe that will finally convince Apple to make iPods with user-removeable batteries. Cell phones, walkmans, and others have been doing it for decades, get with the program, Apple! I'm sure their industrial designers and engineers can devise such a solution without compromising aesthetics too much. Their excuses for not doing so are just red herrings.
Flying is easy, just throw yourself at the ground and miss. -Douglas Adams
Why didn't he just wear a robe? Was he trying to make some kind of statement with the iPod suit?
Oh, and what kind of case was it? I realize that's irrelevant, since this story is about the judge's clothes... just wondering
RP
There he is. And I share your concern abot our justice system. What was that particular settlement about?
Timeo idiotikOS et dona ferentes
My battery failed in less than a year. I get mayb an hour of play out of it before it's ready for another charge. I declined to take part in the suit because I find the sound quality on the iPod to be sub-par when compared to other portable audio devices such as my minidisc player. The iPod is one of the biggest wastes of money I think I've ever committed to.
Dear Plextor, My DVD-R drive motor died after only 30000 hours of constant DVD piracy. Your published specifications clearly state that the MTBF for my unit is 60000 hours. I researched changing the motor out myself, however it is not customer replacable, which I find totally unacceptable for such a complex and expensive electronic device. Although I've burned over 3000 DVD's since I purchased the unit, you should refund me the full purchase cost of my drive. The drive ran out of warranty last year and I chose not to purchase an extended warranty some years ago, which is entirely your fault. Anything less than a refund will cause me to whine incessantly on /. about how horribly unreliable your top selling, top rated drives really are.
See you in court,
Phil Ken Sebben
In filing a class action suit plaintiff firms take on all the risks and costs associated with the litigation. Consequently, no intelligent class action lawyer is going to file an unmeritorious suit; it's a huge waste of time with no payoff (this is also why these suits always SETTLE: the defendant knows they could never win at trial).
/.ers have speculated). And, ultimately, the winners are the consumers who get some cash compensation for Apple's false promise that they wouldn't be stuck with a dead iPod in 2 years.
The "large" (as you see them) attorneys fees are based on the many many hours spent investigating the suit (making sure its solid before filing), drafting the complaint, milling through thousands of documents during discovery, and finally using that discovery to force the company (in this case Apple) into realizing that they're cooked if they go to trial. All this has to happen before the company is going to begin to consider sitting down to discuss settlement.
In short, this case was not litigated in 10 minutes (as some
But, where is the damn problem with the replaceable battery? Is it so difficult to add a slide-thing, under which the battery will be? Yes, the iPods will be bigger (a little bit), but this is just a mere detail... I wouldn't like to give 50$ for a battery-replacement...
http://polaralex.blogspot.com http://www.polaralex.tk *Define Reality*..*
Watch out for the Armani version of the iPod! Every Jurist will want one.
Appel is not at fault for the nature of the battery or the diminishing length of the batter life, they are being sued for lying about it in their advertisement, they are sued for false advertising. I have received the settlement forms and it explained that: they were sued for claiming that the battery can sustain this amount of life for this many charges that were exaggerated from its true performance, and hence was sued.
So, no, it isn't about how Apple made the battery, but rather what they said the battery could do that was not true. When I or someone else finds the paper, I'll post verbatim the text.
That's... a completely reasonable conclusion to a legal dispute. Who are these people, and what have they done with western legal tradition?
...it's really a sad day for America when we require a goddamn ACT OF CONGRESS to make our DVD players work properly. ~
Go buy this: Ear Syringe.
After that, you should be able to listen to your iPod at a sane level and your battery will last longer.
I have a 2nd generation 10Gig iPod and I regularly get two days of use out of it while I'm at work.
Jesus was a compassionate social conservative who called individuals to sin no more.
Visualizing the Supreme Court Justices in Speedos!
Oh, The Horror!
Is this for USA-ians only, or do the rest of us also benefit from the class-action lawsuit?
No need to be nervous. Just take your time, be careful, and follow the instructions. I replaced the hard drive on my wife's iBook late last year and it went much smoother than I expected. Then recently I accidentally dropped it from countertop height with the lid open. Cracked the display bezel so that it was nearly impossible to open or close. So I disassembled the whole thing again, this time removing the display and opening that up too. Turns out the LCD panel was fine, just got disconnected in the drop (thank goodness, as those can be a few hundred bucks), so I just needed a replacement bezel from eBay. I installed it over the weekend, and again the iBook is good as new! I'm starting to feel like a pro at this... The site you linked to looks pretty good, but I highly, highly recommend also looking at the guides at pbfixit.com as well. Tip: print out every large size image where any screws are removed. Lay them all out on a large table. Each time you remove a screw, place it on the printout exactly where it would go. Then, when you reassemble it, you know exactly where each screw goes. Saves a ton of hassle and ensures that every screw goes back where it came from (important when there are many different sizes). Good luck (if you haven't already done it).
Say hello to zMac.
Expect to pay $30 for "shipping and handling" + your actual shipping costs to Apple in you choose the "free"(as I have heard from others) battery replacement. Hey if it works for Ebay sellers. This is a deceptive way for apple to recoup the costs from the settlement