Apple Offers to Settle iPod Battery Lawsuit With Vouchers, Extended Warranties
by , 3:50 PM EDT, June 2nd, 2005
Apple Computer has offered a settlement of US$50 vouchers and extended service warranties in a class action lawsuit filed in the fall of 2003 amid charges that the company misrepresented the rechargeable battery used in its iPod, the Associated Press reported Thursday.
The tentative settlement, which was approved last month, will go to another hearing for final approval on Aug. 25.
Lawyers for the plaintiffs told the AP that up to two million consumers who bought first-, second- and third-generation iPods through May 2004 could be eligible for inclusion in the class action. Apple has created a Web site with additional details, including a claim form and answers to frequently asked questions from those with older iPods wanting a battery replacement.
Initially reported by The Mac Observer in February 2004, the class action suit was originally five separate lawsuits that were consolidated in a California court, according to the quarterly report filed by Apple with the Securities and Exchange Commission at the time. That May, Apple's next quarterly report revealed that two more iPod battery lawsuits had been filed and added to the class action.
The $50 vouchers will be good toward any Apple products or services at the company's online or brick-and-mortar retail stores, except iTunes downloads or gift certificates, the AP reported. The settlement will also extend the iPod's one-year warranty to two years. A Web site has been set up to assist consumers who have questions or need a claim form.
The lawsuit cited Apple's claims that the battery would last for the lifetime of the device and would play music for up to 10 hours straight.
iPod users' complaints about the MP3 player's battery life started to gain momentum with the 3rd generation of the units introduced in 2003. The issue gained some notoriety when Casey Neistat and his brother began a guerilla marketing campaign saying "iPod's unreplaceable battery lasts only 18 months." The brothers then filmed their efforts and released a video at iPodsDirtySecret.com that quickly swept the Internet. Whether or not it was related to this campaign, shortly thereafter Apple began offering a battery replacement service for $99.
Time for you Apple worshipers to eat some crow. The court found that: "many customers enjoyed only four hours of continuous playback and ended up with a dead battery within a period of 18 months," not the 10 hours of play and lifetime battery promised by Apple.
As others have pointed out, if you constantly take shots at every aspect of Apple's hardware and software solutions, at some point you'll be right. Just like a stopped clock is right twice a day.
The part where you lose real credibility, RC, is that when you're wrong, which is often, you don't eat crow. If you had a bit more humility, you wouldn't come off as such a jerk.
CloseViewName:Guest Thu Jun 02, 2005 5:03 pmSubject:
"Time for you Apple worshipers to eat some crow. The court found that: "many customers enjoyed only four hours of continuous playback and ended up with a dead battery within a period of 18 months," not the 10 hours of play and lifetime battery promised by Apple."
Time for you to stop making up facts, Reality Check.
The courts didn't find Apple at fault. Apple made a settlement. Infact, that quote of yours wasn't said by the court at all. It was said by David Worthington, the author of that article. He was explaining why the lawsuit was filed, NOT reporting what the court found. The word "court" doesn't even appear in the article.
So, you took the author's quote and decided to lie that it was the court's finding to support your delusional crusade against Apple.
But don't take my word for it. Let me reprint the article you linked to:
----
"Thousands of customers complained about problems with the iPod's battery life; eight filed a class-action lawsuit. The group of eight have tentatively won $50 vouchers and extended service warranties for up to 2 million customers in the United States that purchased first, second and third generation iPods from Apple.
The class-action, filed in fall of 2003, stems from Apple's boasting that iPod would play music nonstop for 10 hours straight and that the rechargeable battery would last throughout the product's lifetime. In reality, many customers enjoyed only four hours of continuous playback and ended up with a dead battery within a period of 18 months.
The cost of a replacement battery is $99 USD and the repair must be performed by Apple honor the warranty. Initially, Apple did not offer a battery replacement program.
Under the remedy, Apple must extend its AppleCare protection plan one year to a full two years and replace or repair defective units. Customers that apply to participate in the action must fill out a form that will make them eligible for a $50 voucher to purchase any Apple product or service sans iTunes tracks.
Alternatively, customers can opt to receive a check for $25 USD.
The settlement was approved by a judge in California's San Mateo County and is waiting final approval in late August. Attorneys for the plaintiff are confident that the ruling will be upheld.
Apple representatives were not available for comment by press time."
---
Hmm. I can't find where it says the court found anything. Why? Because you COMPLETELY MADE IT UP.
"many customers … "
The class action suit has been filed by EIGHT people, where are the "many" ? Of course, they obtained class certification for the suit, but I wonder how many just hopped on the train for the ride …
in advertizing the battery ilfe "for the life of the iPod" … I'm sure they've revised their copy and won't make stupid claims like that any more. That probably is the main reason they had to offer a settlement …
CloseViewName:Guest Thu Jun 02, 2005 11:35 pmSubject:
Quote
Stupid Mac Head wrote:
In fact, your time which stops the fact that it makes in regard to verification of authenticity. The courthouse did not find Apple with defect. Apple was not said at all depending upon the courthouse. That was said by the author of that article of David Worthington. He is done and lawsuit why the file is high, those which the courthouse finds are not reported, it had explained. Word "courthouse" is not written with the article.
Crusade against Apple.
But don't take my word for it. Let me link the article you linked to:
The Apple's boasting that iPod would play music nonstop for 10 hours is against reality, many customers enjoyed leaving their iPod attached to their home outlets all the time.
The cost of a replacement battery is $99 too much.
The remedy is to go one year to a full two years without using Apple's defective units, which means stop using Apple products entirely.
Alternatively, customers can opt to receive a check for $25 in iTunes cash!
Hmm. As for me as for the courthouse it cannot find somewhere that says that you find with anything. Why? Being to form that completely. It is deception. I proved that. It loses for the second time.
Not sure about other iPods, but the Mini has problems of its own.
The battery issue and the static are one in the same. It's just that the static issue is a terminal case of the same issue; the 2 ground contacts on the main board have poor contact. One of them was probably only making contact on one edge and got weak; it broke when I blew on it.
For the month before the static issue appeared I was only getting 4 hrs. of usage. The last week I only got about 2hrs. For the last week since I solved (cough, cough) the static issue, I have been getting 5 - 6 hrs. of usage. Amazing.
CloseViewName:Guest Fri Jun 03, 2005 5:04 amSubject:
"The cost of a replacement battery is $99 too much. "
Why would anyone pay $99 for an iPod replacement battery?
They can be had for anywhere from $9 to $40 for special high-capacity models. iPod batteries are inexpensive, why spend more money on them than you have to?
Also, try English-to-Portuguese-to-English, or English-to-German-to-English. Alta Vista's been making some of their translations way too coherent, but those two still make for hilarious results. Even though they recently neutered German, which doesn't translate 'monkey' into 'drophammer' anymore.
CloseViewName:Guest Fri Jun 03, 2005 6:53 amSubject:
Quote
Anonymous wrote: "The cost of a replacement battery is $99 too much. "
Mac heads would consider it their duty to give another $99 for an iPod replacement battery.
They can be had for anywhere from lawsuits to AppleCare warranties for special high-capacity models. iPod batteries are dead out of the box, why use them.
Also, try male-to-female-to-male, or female-to-male-to-female. Alta Vista's been making some of their sex changes way too easy, but those two still make for hilarious results. Even though they recently neutered Mac fans, which doesn't sit well with Jobs' expectations of a continual line of fanatic Mac zombie customers.
The problem is real and includes the GEN 4. I have noticed a 50% drop in battery life already and it has only been 7 months. Apple was once touted as such a classy comppany. Looks like the halo has fallen off!
CloseViewName:Intruder- TMO Mac SpecialistPosts: 2837Joined: 07 Jul 2004 Sat Jun 04, 2005 7:23 pmSubject:
Wow! People think Apple makes the batteries. They don't (in fact there is a very small number of battery manufacturers in the world, and almost none in the US).
Problems with battery life can be from a number of things:
Battery manufacturer overstated the capacity of the battery
Apple underestimated the power draw of the product
Batteries have a manufacturing defect
Process problem at the assembly line causing poor connections in iPod
Problem with the charging mechanism on some iPods
Overcycling the battery (numerous full drawdowns of LiIon batteries is bad)
I'm sure there are others. Point is, there may be a problem with the batteries that may or may not be Apple's fault (I have numerous iPods in the family and only the original 5GB has had the battery replaced, after 4 years, at a cost of $30). The settlement is no admission of guilt on Apple's part (as is normal for this type of settlement).
FWIW, Palm Pilots have had the same issue with batteries for some people (mine wore out sooner than those owned by my coworkers), and those are NOT user replaceable (unlike the iPods). They are batteries. It happens.
At least, if you have had a problem, you can get some compensation (and it is not a bad deal, actually).
I would not buy an iPod as it has a proprietry 'unreplaceable' battery. All my electronic devices (barring my laptop and phone) use 'ordinary' batteris and I buy NiMH batteries. Why? Because:
1. These have a 2700 mAH charge for each AA and 900 mAH for each AAA - better than many Lithium batteries;
2. These can be recharged up to 1000 times;
3. I don't have to charge my camera/pda/mp3 player using several different chargers;
4. I don't have to charge my camera/pda/mp3 player before leaving home, I can just grab some charged batteries;
3. They cost about $5!
If yours wasn't free, then you did not take advantage of the voucher for the replacement, which is your fault, not Apples. If you actually had a 4th gen iPod, you would have received a notice from Apple already showing the process for reimbersment. Don't try to make others responsible for your stupidity.
Bitrate is very important for battery life. If you had a clue how things worked you would know that. It would be a waste of bandwidth to explain it to you. iTunes songs are of no lesser quality than the songs available from other mainstream download sites. You lose.
Intruder asked you a valid question and you did not answer it (you are probably not the same guest anyway. Just some idiot who likes to post on forums and start fights).
Anonymous wrote: If yours wasn't working, then you did not get in on the fun of suing the Apples. If you actually had a 4th gen iPod, you would have received a notice from Apple informing you of your stupidity.
Bitrate is a waste of bandwidth. iTunes songs
are available from other mainstream download sites. I lose.
Intruder likes to post on forums and start fights.
Some Mac Fan said, "Go back to whanking to pictures of your sister."
CloseViewName:Guest Sun Sep 18, 2005 3:54 pmSubject:
All of you guys are children. I can't believe how immature people get when they aren't speaking face to face. This petty rivalry between apple and pc users is ridiculous and is incredable counter productive technologicaly. In addition, the apple lawsuit is a just cause, for false advertising is a crime and one punishable by law. Apple made a mistake, whether it was intentional or not doesn't matter, they still need to pay the price if they wish to continue to function as a company and if they wish to maintain a customer base at all. Grow up.
CloseViewName:Guest Wed Oct 26, 2005 10:10 amSubject:
Apple, or anyone else who creates and markets a consumer device of any kind that uses batteries for portability should ALWAYS provide a means for the consumer to replace them (the batteries) without having to send the product in for replacement. For any one company knowingly not to provide this very SIMPLE feature, is TOTALLY irresponsible and ANTICONSUMER. And don't give me any crap about how it would ruin the design either. Any GOOD designer could have designed it with relitivley inexpensive user replacable batteries.
Any one should know batteries do not last the "life" of anything, let alone a product like the iPod. Unless ofcourse the "life" is meant to be one to two years, and for ANY ONE to say that Apple didn't know how long they would last is just plain stupid. They all know EXACTLY what they are doing, know exactly how long the batteries would last and would test these things to the Nth degree. That's why they have an army of engineers for. Even though they themselves might not manufacture batteries, their enginners know how to utilze them. The engineers would go to the battery manufacturer and have them make one to their (in this case Apple) spesifications.
Much like Sears does for many of there products, they just have their name put on. As any one knows Sears does not make anything.
The bottom line here is Apple knew exactly what they were doing, and should be held accountable, even more so than the piddley thing they have to deal with. ALL of the iPods should be recalled and either the consumers who bought them be reimbursed fully or give new units with replacable batteries. Which simply means they should have been designed correctly in the first place.
CloseViewName:Guest Wed Oct 26, 2005 1:12 pmSubject:
Quote
Anonymous wrote: Apple, or anyone else who creates and markets a consumer device of any kind that uses batteries for portability should ALWAYS provide a means for the consumer to replace them (the batteries) without having to send the product in for replacement. For any one company knowingly not to provide this very SIMPLE feature, is TOTALLY irresponsible and ANTICONSUMER. And don't give me any crap about how it would ruin the design either. Any GOOD designer could have designed it with relitivley inexpensive user replacable batteries.
Any one should know batteries do not last the "life" of anything, let alone a product like the iPod. Unless ofcourse the "life" is meant to be one to two years, and for ANY ONE to say that Apple didn't know how long they would last is just plain stupid. They all know EXACTLY what they are doing, know exactly how long the batteries would last and would test these things to the Nth degree. That's why they have an army of engineers for. Even though they themselves might not manufacture batteries, their enginners know how to utilze them. The engineers would go to the battery manufacturer and have them make one to their (in this case Apple) spesifications.
Much like Sears does for many of there products, they just have their name put on. As any one knows Sears does not make anything.
The bottom line here is Apple knew exactly what they were doing, and should be held accountable, even more so than the piddley thing they have to deal with. ALL of the iPods should be recalled and either the consumers who bought them be reimbursed fully or give new units with replacable batteries. Which simply means they should have been designed correctly in the first place.
Never owned a Palm Vx, did you? No consumer replaceable battery.
But it is Apple, so let's all sue them!
BTW... The batteries in the larger iPods can be replaced fairly simply by the consumer using nothing more technical than a credit card to open the case. The process is posted all over the web. And batteries are available from several vendors.
I got my Mini August 28th 2005. I used it 4 times when I was vacationing. After I got home I hadnt used it until last week. I went to turn it on & the battery was dead...so I charged it fully. The next day I went to the gym with it & it woudlt even turn on, it was DEAD! Guess it only works for short trips & then you have to pitch them
This is bullshit. Apple has a responsibility for ANY product that it sells, whether or not it outsources it's parts from 3rd parties is irrelevant. They assembly the product, market it, and sell it.
As to bitrate, etc, that is not what is happening with the iPod minis. Mine started at lasting 12 hours. Six months later, it doesn't even fire up play songs anymore after 8 hours charging. I've seen a gradual decline over time, from 12 hours to 10, to 6, then 4, then 3, and then 2 hours of playtime. The unit doesn't even charge fully, even after 8 hours of charge! And I'll let you in on a secret - every single person that I've known, who has had an iPod mini, has reported this problem (to varying degrees).
There's one thing I hate about Apple supporters, and it's their stubborness to admit that Apple provides some very shoddy products, and then stubbornly refuses to admit the problem(s) until it's threatened with legal action. That constitutes an attitude from Apple that they simply don't care about their customers.
I bought my first iPod mini in August 2004 and got to use it for 3 months, after which time whenever I turned it on it just clicked and turned itself off again with nothing on the display. So I contacted an Apple service department who advised me to try an exhaustive number of restoration techniques, all of which failed. Finally they advised me to bring my iPod in and they replaced it afer several weeks with a new one, stating that somehow my hard drive had become corrupted.
Sadly, a few months after having that one, the battery started to play tricks on me, giving me less than 10 minutes of battery life before stating it was empty, then magically allowing me to turn it on for a few more songs before the "no battery power remains" message popped up again. So I took that one into the service centre and they replaced it with yet another one.
So I guess I really shouldn't be surprised now that my third iPod Mini is now doing the same thing as the last one. I am awaiting the service centre's reply as to whether they will be able to replace their faulty product again. Several of my friends with iPods are also on their second or third one, so I think the fact that only eight people had the money and time to bring a court case about it is not indicative of a few bad eggs just of differing levels of resources.
i think at this point I should be entitled to a refund or at least an upgrade to iPod Nano considering that the iPod Mini has been discontinued. What I'd really like to know is how did Apple manage to score so many stellar reviews of this product? Were the reviewers given the same product that was sold to the masses? Too bad that most people want their MP3 player to last more than a few months
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