Apple iPod Nano lawsuit spreads

Plaintiffs in the UK and Mexico join the fray

By Tony Smith • Get more from this author

Posted in Financial News, 8th November 2005 10:14 GMT

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The class-action lawsuit brought against Apple following the iPod Nano 'scratch scandal' has crossed the Atlantic.

Seattle-based lawyers Hagens Berman Sobol Shapiro (HBSS) said yesterday they had filed a parallel complaint from UK resident Ben Jennings. The lawsuit was filed with the US District Court for Northern California.

Jennings claims he bought a Nano in September but despite treating the screen "extremely cautiously" it became "so marred with scratches it became hard to read", according to HBSS. How long did it this take? Within a week, the plaintiff claims.

"If I had known the truth about the problem, I never would have purchased a Nano," said Jennings via his legal representative.

The "truth" in this matter, as stated in the original HBSS complaint, filed with the US District Court in San Jose, is that the Nano is endemically faulty thanks to a "defective design", and that Apple knew as much but chose to release the product anyway and hide the fault from consumers. The fault, it's claimed, allows the screen to become badly scratched even through "normal" use. So, at least, allege the plaintiffs' HBSS is representing, who are seeking recompense.

HBSS said Jennings, who is not a US resident, can nonetheless seek restitution through the US court because Apple is headquartered there. The lawfirm also said it had filed a complaint on behalf of a Mexico resident, though it did not provide further details. ®

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