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Apple Settles for $22 Million in Longtime iPod Nano Lawsuit

Apple has agreed to settle a lawsuit in which customers were claiming that the company’s iPod nano “scratched too easily.” The lawsuit, which has been brewing for nearly four years has finally come to an end with iPod owners being given $25 for their scratched iPods.

old_ipodApple iPod nano owners were able to apply for to receive the $25 check from Apple, but those pushing the case from the top (legal teams), are raking in nearly $4 million according to CNBC’s Jim Goldman.

Dating back to October 2005, the case has been around for some time now. The lead plaintiff was Jason Tomczak, after he complained on several Apple websites that his nano was easily scratching and had become unreadable. “He said then that he was contacted by attorneys at Meyer and Associates who had also received similar complaints. That firm joined forces with Hagens Berman Sobol Shapiro LLP, who contacted Tomczak to try to sign him as a client as part of this case,” CNBC explains.

Tomczak claimed he was the target of numerous online attacks for his lead role in what some perceived as a “frivolous” suit, and he reportedly tried to have his name removed from the action. Instead, the original law firms filed actions against Tomczak to keep his name attached to the suit, forcing Tomczak to retain his own attorney to fight the original lawyers.

In a note sent out to owners involved in the lawsuit this week, Apple explained, “Apple has agreed to provide a cash settlement fund of $22.5 million,” and for those consumers who did not receive a “slip case from Apple when you purchased your iPod nano, you may be entitled to a cash payment of $25. If you received a slip case, you may be entitled to a cash payment of $15.”

A judge still needs to pass the settlement through and sign off on it, and a hearing has been set for Aple 28. Tomczak did not reply for comment this morning, however Apple did confirm the settlement.

Comments [4]

4 Comments to “Apple Settles for $22 Million in Longtime iPod Nano Lawsuit”

Rick @ January 23rd, 2009 at 3:12 pm
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“I scratched my Nano, sued, and won $25.”
Wow, talk about trivial crap. Meanwhile the lawyers rake in millions. Anybody who joins this class is just a sucker encouraging these snake lawyers to file ridiculous lawsuits. I’ve got one of the scratched Nano’s too. Guess what, it got that way because I didn’t put a cover on it and I put in the same pocket as my metal keys.


Jamie @ January 25th, 2009 at 12:11 pm
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This is a total load of bull. If you don’t protect your stuff, it’s going to get scratched, marred, and otherwise damaged. It’ll happen to your laptop, your cellphone, your digital camera, and yes, your ipod. Only in America can you sue a company because you’re unable to take care of your own property. This is the sort of thing that gives lawyers a bad name, and sets precedent for future cases of this type of absurdity.


Sid @ September 21st, 2009 at 8:20 pm
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I recieved the a refund notice and sent them my information and i have been waiting for a couple of months now it said 4-8 weeks , but i still havnt recieved maybe i should contact someone.,.,heh


mike lemay @ November 3rd, 2009 at 8:18 pm
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i filled out the slip and have not recived anything when dose it come?