Apple’s iPod Battery Settlement, Explained | iLounge Article

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Apple’s iPod Battery Settlement, Explained

In early June 2005, Apple Computer settled a United States-based class-action lawsuit over battery problems in specific iPod models, offering compensation and/or free repairs to affected individuals. As of today, a web site called AppleiPodSettlement.com has been established, and a Claim Form provided for free download. iPod owners registered with Apple are already receiving the same Claim Form in the mail, along with a Notice describing the settlement. This new iLounge page serves as a clearinghouse for information and “frequently asked questions” reference for iPod owners with battery problems.

Who can claim? The settlement covers any United States resident who (a) purchased a new first-, second-, and third-generation iPod on or before May 31, 2004, and (b) experienced a “Battery Failure” within a specified period of time after purchase. You can submit one claim for each iPod you own that meets these standards, but not more than one claim per iPod.

Who can’t claim? No iPod with a Click Wheel controller - including the iPod mini, fourth-generation iPod, or iPod photo - is covered. Similarly, the iPod shuffle is not covered. You cannot claim if you purchased your iPod used, or purchased it after May 31, 2004, and you cannot claim if you haven’t experienced a Battery Failure, as defined below.

Which iPod do I have? First- and second-generation iPods included FireWire ports on their tops, unlike any other iPod. Third-generation iPods had circular “Scroll Wheel” controls with a row of four buttons on top that did not appear on any other iPod model. The picture below will help you identify whether you’re covered.

What is a “Battery Failure?” A third-generation iPod has experienced battery failure when “the capacity… to hold an electrical charge has dropped to four hours or less of continuous audio playback, with earbuds attached,” while first- and second-generation iPods have failed when they get “five hours or less of continuous audio playback, with earbuds attached.” Surprisingly, the definition does not mention whether the numbers need be reached with or without your screen’s backlight on. Regardless, your battery must have failed within two years of the date of purchase.

How do I know for sure if I have a Battery Failure? Run the test provided in Apple’s Notice, part IV. Reset your iPod, then update it with the latest Software Updater, fully charge the iPod, go to the Settings menu and turn on Repeat, then turn on a timer and play a song from an album. The song will replay until the battery runs out. If your iPod falls below the times specified above, your battery has failed.

What do I get if my iPod’s battery has failed?

First- and Second-Generation iPod owners: You can choose either (a) an Apple Store credit of $50, or (b) a $25 check.

Third-Generation iPod owners: The iPod’s one-year limited warranty is automatically extended for one additional year solely to cover battery failures. If the battery fails at any time within the two-year period, you may choose either (a) replacement of the battery by Apple, or (b) a $50 Apple Store credit. If you choose (a), Apple has the choice to replace the battery or the entire iPod. However, you will have to pay shipping and handling fees applicable under Apple’s limited warranty.

What about if my iPod failed and I already replaced the battery… or the iPod? Apple will send you a check for 50% of the amount you paid for the battery or iPod replacement, not including shipping or tax.

When must I act? Third-generation iPod owners have until two years after the original purchase date of the iPod to submit their claim electronically or by mail, or September 30, 2005, whichever is later. All other claims must be submitted by September 30, 2005.

I’m affected. What do I need to do? If you haven’t purchased Apple’s AppleCare Protection Plan for the iPod, you’ll have to fill out the Claim Form to receive any benefit. You’ll need to enclose proof of your iPod purchase - your receipt, a check, or a credit/debit card statement - and submit the claim form to the included address. Your proof can be vague (such as a $400 credit card charge for “electronics”), so long as you declare under penalty of perjury that the transaction was for the purchase of an iPod.

If you purchased AppleCare for the iPod and experienced a battery failure that was already remedied by Apple, the company will send a $25 credit to you without the need for additional action. However, you may be entitled to additional benefits, so read over the claim form carefully to see whether you qualify for more than $25.

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Comments

1

So there are no restrictions on where you have to be a resident?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 10, 2005 at 2:58 PM (CDT)

1

Click on the “Notice” link above:

It’s for US residents only:

“To: ALL PERSONS OR ENTITIES RESIDING IN THE UNITED STATES WHO PURCHASED OR OBTAINED
A NEW FIRST, SECOND, OR THIRD GENERATION IPOD ON OR BEFORE MAY 31, 2004:”

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 10, 2005 at 3:25 PM (CDT)

1

? for 3G. What if you are under the two years, but would prefer to just have the 50.00 credit? Can you get that?
Do you first have to allow Apple to replace battery or unit?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 10, 2005 at 7:41 PM (CDT)

1

Be sure to read the “fine print”.  The $50 Apple Store credit is only good at the Apple Store Online.  It can NOT be used for purchases made in Apple Brick & Mortar Retail Stores.  (Apple will, however, be providing a “kiosk” inside B&M stores from which to order from Apple Store Online.)

Seems pretty stupid to me.  Why on earth wouldn’t they permit you to use it for an Apple Store B&M purchase?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 11, 2005 at 7:39 PM (CDT)

1

This settlement is BS. I get a letter from Apple stating that I qualify for the settlement and then they want me to provide “proof of purchase” information from way back when?

Seems like a move to make sure redemption on this make good is as low as possible.

Why don’y I just get to pick what offer I want???

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 12, 2005 at 8:53 AM (CDT)

1

Do you think an 3G iPod will qualify if the battery life is 4hours 15minutes?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 13, 2005 at 1:31 PM (CDT)

1

Hi Agophi: The way I read it the battery test is completely up to your own discression but by making a claim you are legally claiming that it does not pass.  I’m not a lawyer but that is how it reads.

Hi Kemck: I bought mine years ago but it was through Apple online.  I had old emails that count as receipts.

Hi Everyone: My unit worked for 7 hours after the test so I’m happy.  :)  IF it did fail I would have taken the $50 over the new battery replacement as it is up to Apple whether to swap out your unit OR replace the battery.  My unit is customed engraved and I don’t want a swap out…  ;)  Again…mine worked fine so I’m good.  :)

John T>

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 13, 2005 at 5:36 PM (CDT)

1

You only have to provide a proof of purchase for 3rd generation iPods.  http://www.girardgibbs.com/ipodsettlementfaqs.asp#faq_6

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 13, 2005 at 8:17 PM (CDT)

1

Mark Booth - the fine print says that the $50 is good at “brick and mortar” stores:

“I request…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

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 13, 2005 at 8:22 PM (CDT)

1

Oh sorry - Mark, you’re right.  Just the kiosk then.  :)

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 13, 2005 at 8:23 PM (CDT)

1

My battery life is terrible.  I found my receipt and I purchased it on June 1, 2204.  I am screwed and frustrated.

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 14, 2005 at 7:02 AM (CDT)

1

I wonder if this case will ever include UK iPod owners? Our iPod’s are exactly the same as US owners’ and suffer from the same rubbish battery life(!), but I guess the whole law sytem thing works differently..?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 14, 2005 at 12:31 PM (CDT)

1

I bought my iPod in the U.S and my receipt says so, but i live and was hence forced to register my iPod in the UK, does anyone know if i am possible covered? i know it says ‘To: ALL PERSONS OR ENTITIES RESIDING IN THE UNITED STATES ’ but surely its where you purchased the iPod thats important?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 14, 2005 at 7:10 PM (CDT)

1

I’ve tried charging my iPod to do the battery test, but even after 4 hours of being plugged in the iPod still says it’s “Charging” and never says it’s “Charged”. The battery meter was full before I plugged it in, so it shouldn’t take too long to charge. Should I go ahead and do the test as is? Or would it failing to be “Charged” constitute a battery failure?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 15, 2005 at 11:56 AM (CDT)

1

So i bought a used 1st gen ipod awile ago so i can’t get a replacement just cuz i bought it from somebody else?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 16, 2005 at 2:12 AM (CDT)

1

this thing is great, but damn it, there’s other people in other countries that baught iPods… geez…

i replaced my 2nd G one, cause it was lasting only 3 hours… but I’m in Canada… not fair at all…

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 16, 2005 at 8:38 AM (CDT)

1

Hey - this is pretty interesting…

“What about if my iPod failed and I already replaced the battery… or the iPod? Apple will send you a check for 50% of the amount you paid for the battery or iPod replacement, not including shipping or tax. “

Does this mean if I had a first gen that I was so frustrated with and recently bought a 4th gen, that I got it for half price?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 21, 2005 at 12:17 PM (CDT)

1

You only need Proof of purchase if you have a 3G. 1G and 2Gs dont have any to provide proof of purchase.

•———————-

C. FIRST OR SECOND GENERATION iPOD CLAIM (complete all blanks and check all boxes that apply)

I bought or obtained a new First or Second Generation iPod on or before May 31, 2004. 

During my ownership of the iPod, it experienced a Battery Failure within two years after the date of its original purchase.

I read and made reasonable best efforts to follow the iPod battery test instructions included in Section IV of the
Instructions and believe that my iPod experienced a “Battery Failure.

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 21, 2005 at 3:24 PM (CDT)

1

this stinks. why cant they replace the stupid battery for free if its such crud! you can crack open an ipod and replace the battery yourself, if ya got guts. you can find tutorials for it someplace. good luck.

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 21, 2005 at 9:48 PM (CDT)

1

I sent my claim and copy of the original receipt in about three weeks ago.  Does anyone have any idea how long it takes them to respond?

Posted by Jeremy Horwitz in East Amherst, NY, USA on June 23, 2005 at 11:04 PM (CDT)

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