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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."

37 of 293 comments (clear)

  1. That's cool! by Badflash · · Score: 5, Insightful

    Big corporations need to pay for THEIR mistakes. Not THEIR customers.

    1. Re:That's cool! by OmniVector · · Score: 4, Insightful

      I'm not necessarily trying to defend Apple here, but why are they at fault? Because they provided their customers "faulty" batteries? Apple provided the same lithium ion batteries as every other manufacturer. So because of the natural physical properties of the battery, it's going to diminish in charge capacity over time. There's no secret to this. Apple already remidied the situation: you can get your battery replaced for $50 by Apple. This lawsuit is stupid. I guess I should sue Sony and IBM for providing laptop batteries that fail after 2 years too?

      --
      - tristan
    2. Re:That's cool! by Tmack · · Score: 4, Insightful
      I think the problem was that the batteries are built in, and sending your ipod back to apple to get them replaced costabout the same as a new ipod, and their life expectancy was about one year of average use. Most other devices have easily replaceable Lion batteries. They got in trouble by advertising that the ipod is rechargable, but failing to state that it will only be rechargable for about a year without new batteries, and that new batteries cost the same as a new unit and were not (easily) user-replacable.

      tm

      --
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    3. Re:That's cool! by hawkbug · · Score: 4, Interesting
      I think the problem here is that you can't change the battery yourself. Try to name a product in the last 15 years that you can't change it yourself - I'm having a hard time coming up with one. Here's a short list of the products in which you can, it just makes sense:
      1. Laptops
      2. Cellphones
      3. Cars
      4. Walkmans & Discmans from the 80's and 90's
      5. Walkie Talkie's
      6. Flashlights
      7. Cordless phones
      And I could go on.... and it's no big deal that Apple uses batteries that recharge, I love that they do - but the fact that you can't change them just plain sucks. To this day, I can't figure out why they did that. I still bought one, but I'm dreading the day the battery fails on me. I know there are web pages that describe how to do it myself, but I'm leary about prying apart a $300 device.
    4. Re:That's cool! by learn+fast · · Score: 4, Informative

      Every manufacturer may use the same batteries, but they don't advertise them the same way. Apple promised a specific quality of battery life, which the product did not live up to.

    5. Re:That's cool! by FreeBSDbigot · · Score: 5, Informative

      Some Palm PDAs, like my IIIc, don't have user-replaceable batteries, though I've seen third-party batteries (complete with screwdriver!) on Ebay. So far, it still holds a charge. I've got my fingers crossed.

      --
      Orange whip? Orange whip? Three orange whips.
    6. Re:That's cool! by FLAGGR · · Score: 4, Informative

      Originally, back with my 2G, it was almost the same cost, they changed it though after complaints. So I think you should be the one S'ing TFU.

    7. Re:That's cool! by ThosLives · · Score: 3, Funny
      ...Lion batteries.

      grrrrRRRROAR

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
    8. Re:That's cool! by adpowers · · Score: 4, Informative

      I'll bite. One year of expected use? Umm, even the website that sparked this whole discussion claimed 18 months of use. Mine has been going for over two years and can still hold quite a bit of charge. It is less than when I bought it, but it still is quite usable.

    9. Re:That's cool! by cosmic_0x526179 · · Score: 3, Informative
      Try to name a product in the last 15 years that you can't change it yourself - I'm having a hard time coming up with one.

      DustBuster... the batts (NiCad I believe) in mine are just about shot. I called a nearby B&D parts store and asked about replacements. They said to just toss it and go buy a new one. But I like this one !

      --
      This msg is brought to you by the letter 'W'.. for Worthless Wuss
    10. Re:That's cool! by o-hayo · · Score: 3, Informative
      I'll name one:

      Palm's Treo 600. Thankfully, it was fixed with the Treo 650.

      I'm sure there are countless more examples, like every bluetooth headset I've ever used.

      Besides, if your $300 device wont hold a charge to the point its unusable, what's the harm in prying it open?

    11. Re:That's cool! by nvrrobx · · Score: 4, Informative

      So much for using my mod points.

      I have a Braun 7000-series Synchro razor. It looks pretty damned sealed to me. I'm not going to go suing Braun when the battery dies.

      My laptop's battery *is* user replaceable (Dell Inspiron 4150), for $120. I think the $50 iPod battery replacement isn't THAT bad, in the long run.

    12. Re:That's cool! by holden+caufield · · Score: 5, Funny

      Pacemakers.

      Try to replace the batteries on one of those yourself. And yet, still no lawsuit.

      --
      I'll create an amusing sig when I have something meaningful to post.
    13. Re:That's cool! by nolife · · Score: 3, Insightful
      Your post will be completely ignored and another 50 people that do not agree with the lawsuit just out of principle because it is against Apple, will continue to post over and over again, one of two lines

      "It's a battery, it is supposed to do that get over it."

      or

      "My iPod lasts 10 hours as expected and has for years, everyone else is full of crap."

      These two general statements make up over 80% of every reply so far and I have yet to see a reply to a post like your acknowledging that it actually happens. People either have blinders on or are using a defense mechanism like reaction formation coupled with denial to handle the situation in the best way they know how.

      --
      Bad boys rape our young girls but Violet gives willingly.
  2. how much will it really cost them? by Anonymous Coward · · Score: 4, Insightful

    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.

    1. Re:how much will it really cost them? by Svet-Am · · Score: 3, Interesting

      espescially if they intend for people to use the credits in the iTunes store. If people just use the $50 to download music, Apple is out virtually nothing.

      --
      [move .sig! for great justice, take off every .sig!]
    2. Re:how much will it really cost them? by squiggleslash · · Score: 3, Informative
      Unfortunately, according to the settlement, you can't use the credit against the iTunes Music Store.
      "Store Credit" means a credit in the amount of $50 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 either The Apple Store (Online) or at a kiosk (a computer linked to The Apple Store (Online)) located in a "brick and mortar" Apple retail store, issued as a discount code number. Store Credit may be transferred once but may not be aggregated or redeemed for cash. Store Credit may be used to purchase multiple products but, in all instances, the full value of the Store Credit must be used up or exhausted in a single transaction. Store Credit does not apply to any shipping, handling and sales tax charges applicable. Store Credit will expire eighteen (18) months after the date of issuance.
      (source)

      Sorry.

      --
      You are not alone. This is not normal. None of this is normal.
  3. Probably wont hurt them much... by Iscariot_ · · Score: 4, Interesting

    As most people will never hear about this, or simply forget to get their cash in time.

    1. Re:Probably wont hurt them much... by Desert+Raven · · Score: 3, Insightful

      vs that same guy now talking about how Apple "stands behind" its products.

      Oh yeah, I always think favorably of companies that have to be forced to "stand behind" their products by a class-action suit. I mean, I positively glow when I talk about the generosity of the record labels back when the courts forced them to refund me a couple bucks after having overcharged me for years.

      I would have been impressed if this had never reached any form of court proceeding. As it is, it's just typical corporate business as usual.

  4. Half? by RangerRick98 · · Score: 3, Insightful

    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."
  5. *Ahem* by jwinter1 · · Score: 4, Funny

    Why the judge was wearing an iPod suit is yet to be determined.

    --
    Anything you can do, I can do meta.
    1. Re:*Ahem* by yardbird · · Score: 3, Funny

      A suit made completely of iPods? That's $15 Million right there!

      --
      Free, legal music for iTunes users.
  6. Below the belt by rob_squared · · Score: 5, Insightful

    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.
  7. Swappable & Death by Kynmore · · Score: 5, Interesting

    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.

  8. Does Apple deserve the fan following ? by amodm · · Score: 3, Interesting

    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.

  9. Re:4G iPods out of luck? by MoneyT · · Score: 5, Informative

    Your 4G is still under waranty. Get it serviced.

    --
    T Money
    World Domination with a plastic spoon since 1984
  10. Fair Test? by Anonymous Coward · · Score: 3, Interesting

    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?

    1. Re:Fair Test? by sprouty76 · · Score: 5, Informative
      Shuffle won't make any difference to the HD usage - the order of the tracks is decided when the user hits play. Either way, the iPod knows well in advance which tracks it's going to play and can cache them accordingly.

      Skipping is the real killer for battery life in my experience. People who just play everything and skip through stuff they don't want probably get much worse battery life than people who create sensible playlists.

      --

      No, I don't want a free iPod

  11. Hope you kept your Receipt! by Flamesplash · · Score: 3, Interesting

    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
  12. Costs Apple Money? by AvitarX · · Score: 5, Insightful

    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
  13. Once again, the lawyers win by cpu_fusion · · Score: 5, Insightful

    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.

  14. Who won this suit? by jmichaelg · · Score: 3, Insightful
    So who won?
    1. The people who got screwed by Apple get a $50 coupon that can be spent at an Apple store.

    2. The first gen buyers who paid the original $255 battery replacement fee, are out of pocket $205.

    3. Apple continues to sell iPods without replaceable batteries.

    4. iPod customers still have to backup and exchange their iPod to get a new battery unless they're brave and use a third party battery.

    5. The two attorneys get $2.7 million.

    1. Re:Who won this suit? by joelsanda · · Score: 3, Interesting

      So who won?

      These statements are not entirely true ...

      The people who got screwed by Apple get a $50 coupon that can be spent at an Apple store.
      Not everyone had an iPod with a defective battery - or even one that wore out prior to their battery life expectations. The $50 coupon is one option with the settlement.

      The first gen buyers who paid the original $255 battery replacement fee, are out of pocket $205.
      This might be the case if their battery failed a second time. Same thing has happened to PC laptops I've owned: "Oh, you've owned it for 366 days, sorry - warranty has expired."

      Apple continues to sell iPods without replaceable batteries.
      This is just simply false. The batteries are no replacable by the consumer because it requires breaking the case's seal. The battery can be replaced by a technician. It would be nice if the battery can be replaced by the consumer. But the smart consumer checks on these things first, or they learn a lesson from it.

      iPod customers still have to backup and exchange their iPod to get a new battery unless they're brave and use a third party battery.
      Because the iPod syncs with the Mac or PC it's already backed up. This is a non issue.

      The two attorneys get $2.7 million.
      Well, alright - you're dead on with this. Consumers are usually the losers in class action lawsuits.

      --
      The Luddites were ahead of their time.
  15. Re:How do I determine what generation my ipod is? by MoneyT · · Score: 3, Informative

    If it has a physical scroll wheel (i.e. a wheel that actually turns) it's a 1st Gen. If it has a solid wheel, but physical buttons arround the border, it's a 2nd Gen. If it has a solid wheel and buttons along the top of the wheel, it's a 3rd Gen. If it's got the click wheel like all the current iPods and iPod minis, it's a 4th Gen.

    --
    T Money
    World Domination with a plastic spoon since 1984
  16. 3rd Gen. also has options in the settlement by mcewen98 · · Score: 3, Informative

    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.

  17. Is this in the United States only? by Drakonian · · Score: 3, Interesting

    Does this apply to international iPod owners as well?

    --
    Random is the New Order.
  18. Things break, batteries degrade... deal with it. by eltonito · · Score: 3, Funny

    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