Investigation of Apple’s iPod - Possible Class Action Lawsuit | iLounge News


Investigation of Apple’s iPod - Possible Class Action Lawsuit

An anonymous reader at SlashDot reports that law firm “Girard Gibbs & De Bartolomeo LLP is investigating a potential class action against Apple Computer, Inc. on behalf of iPod owners whose batteries have died or lost their ability to hold their charge.” The firm has posted an online form stating; “If you’ve experienced these or simliar problems and you are interested in helping us in our investigation, please fill out the form below.”

Editor’s note: The page is no longer available.

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I’ve had my ipod for a little over a year.  I use it every day for my own personal use and even use it at work for my rehearsals.  My battery seems to be working just fine.

I have an older, 1st generation 5gb ipod and love it!


Posted by iped on December 23, 2003 at 3:07 PM (CST)


Hey Apple’s not a corporation of consumer loving saints.  It would have been nice if it hadn’t let us non-3rd generation iPod owners rot once they released a new model.  If lawyers don’t pick on corporations, the corporations will walk all over us.

Posted by Drew K. on December 23, 2003 at 4:02 PM (CST)


I think I recall something from Apple stating that they were no longer buying batteries from XYZ company.  What they didn’t say was if this decision was due to bad battery performance, price or ???

Just to add my 2 cents.  My 40 GB iPod is only getting about 3.5 to 4 hours per charge.  This is not in line with what I expected and quite a bit lower than the advertised capacity.  I figured I’d wait a while to see if the chemicals in the battery just needed to be “activated” by a few charges and dis-charges.  I think it got a little better but not much.  Right now this is not a problem but if I go on a trip where I’ll be away from a charging source for 5 or more hours I might get a little upset.

One other thing. After charging the battery for about 3 or so hours the display reads “charged”. If I unplug it and plug it back in the unit goes into another 3 hour charge cycle. Is the charger getting shut off before the battery is charged?

FW rev is 2.0.2. Would an upgrade to 2.1 help? The only reference to battery in the release notes is “battery meter”.

PS: I’m not a loud person.

Posted by Tom on December 23, 2003 at 5:09 PM (CST)


I Think they Have it comming because of the Cost of the original iPod. I expected for the investment,  mine to last at least a couple years, not 13 months!! What gadget cost 100.00 for a battery replacement? I thought Apple was about making things that worked, and would last a while. I still have my first mac. 550, running system 7. Still works like New! 11 yrs old. My Grand Kids use it.

Posted by David Geddis on December 23, 2003 at 8:00 PM (CST)


it’s a few loud people with law degrees that need something better to do. there are some problems yes but it lasts the warranteed life of the product.  get a new frikin battery and don’t sue apple really I mean come on get real.  it’s certainly not hurting sales this season.

Posted by qbunt on December 23, 2003 at 11:26 PM (CST)


Apple has sold over 1.5 million iPods to date. Even if 15,000 people are having battery problems, that’s only 1% of all batteries. Frankly, that doesn’t sound too bad to me. And I doubt that 15,000 people are having real battery problems.

Perception is as much an issue as actual battery performance degradation. If people hear about this and start to worry about their iPod battery, they’ll often start to believe that there is something wrong with theirs. That’s just human nature.

As was stated on this subject by another poster on a different forum…

“Pay your $49 bucks and replace the battery and quit complaining. Those 2 idiots in New York defaced posters because they didn’t get immediate satisfaction from Apple, how juvenile. Show some intelligence and find another solution. Why is this country slowly filling up with idiots who can’t wipe their own rearends. Be a man quit your moaning.”

Posted by Atomic Bomb in Mid-Atlantic on December 24, 2003 at 7:41 AM (CST)


It’s important to realize that the battery life quoted is also specced for minimum HD/Backlight use.  I _know_ I’m evil to my battery.  Going out to lunch from work might end up with the x of 3560 songs list at 50 or so.  I’m _always_ hitting FF to skip tracks.  (Yeah, I need to pare it down some more.) My drive is spinning nonstop.  And yet my battery life is still peachy.  What worries me is that I’ve been fiddling with my contrast a lot lately, but that might just be a seasonal thing.

Posted by Kyol Frilander on December 24, 2003 at 7:56 AM (CST)


Here’s the problem as I see it. My iPod (1st gen.) had the battery problem within 6 months. Ok, I’m a consumer, and yes I understand things don’t last forever BUT as one of the posters above mentioned “even a Prius (electric car) has to have the battery replaced at some point”- yes but the hood of the car is NOT welded shut, and Toyota doesn’t say “just buy a new one” (or charge the driver $17,000 for a new battery) THAT’s the difference here. Apple’s response of $255 charge to replace the battery, for those of you who haven’t figured it out yet, they are giving you a new iPod- there is no “fix” (at least through them). It’s just irresponsible both environmentally and sales wise to tell people essentially to just “throw out” the Pod after a year and get a new one. They are getting a black eye from their customers deservedly, and hopefully in the future will spend a liitle more time coming up with a better battery design. Call me old fashioned, but when I spend $400 on an item I expect it to last more than 6 months.

Posted by Me on December 24, 2003 at 8:23 AM (CST)


There is a fix through Apple. It’s $99 for the battery, post, and install service.

And are you believing the attention-hungry video-making brothers from NYC that Apple told them to get a new one? I don’t believe it.

BTW, the Prius battery costs around $5,000. Which will be the approximate resale value of that car after 60,000 miles.

Posted by Atomic Bomb in Mid-Atlantic on December 24, 2003 at 8:44 AM (CST)


Oh, and one more thing. If your battery fails in 6 months Apple replaces it for free. That’s part of the 1 year warranty.

Posted by Atomic Bomb in Mid-Atlantic on December 24, 2003 at 8:44 AM (CST)


LoL, as I have said b4, you apple nazi’s need to take a step back and think.  When I pay $400 for an I-Pod I dont think I should have to pay another $50 in a bit over a year to pay for a new battery.  Some one posted earlier that x amounts of I-Pods have been sold and 15k have had issues and thats less than 1% and its not a big deal, well sir, if it is your I-Pod it is to you.

Posted by Phill McRevis on December 24, 2003 at 11:10 AM (CST)


Phill - If stating the obvious makes someone an “apple nazi” then so be it. Your expectations are yours - as unreasonable as they may be. You may also expect monkeys to fly out of your rearend at some point, but that’s unlikely to happen.

Posted by Atomic Bomb in Mid-Atlantic on December 24, 2003 at 3:27 PM (CST)


I am sick of these 1/2 gen iPod owners complaining that Apple isn’t hooking them up with the latest software / features.

When you buy a 2003 model car, do you expect the manufacturer to come and refurb it once they debut the 2004 model?

Question: has your 1st/2nd gen iPod stopped working since the 3rd gen came out? No? Then quit your goddamn moaning, you got what you paid for.

Posted by boyd on December 24, 2003 at 3:31 PM (CST)


Apple doesn’t have to come to my house and open up my iPod to update it.  All they have to do it post a simple software update on the internet, and they’ve automatically serviced thousands of customers.  With an iPod, you pay for the hardware, not the software.  If my hardware couldn’t handle the new software I would understand, but that’s not the situation.  Next time before you post something, think of what you’re saying, and ask yourself if it makes sense.

Posted by Drew K. on December 24, 2003 at 4:58 PM (CST)


Drew K.: My 1st Gen iPod has received several firmware updates. It’s on firmware version 1.3 now. Don’t you get the software updates from software updater? If not, then go to and you’ll be able to download the iPod firmware updater.

(Based on your post, I’m assuming you haven’t had any of the many firmware updated Apple has distributed.)

Posted by Atomic Bomb in Mid-Atlantic on December 24, 2003 at 8:52 PM (CST)


First of all : You can now purchase an Apple Care plan from Apple which will extend the warranty. This is cheaper, and much better as you also get phone support. Any problems you have will be addressed by Apple free of charge.

Secondly - it doesn’t matter how much you pay for an iPod. Nothing lasts forever. All those people saying “I paid $400 and I expect blah blah blah” need to grow a brain. You should have been aware of the warranty and open to all possibilities. I have never seen any Apple documentation anywhere from apple stating that their iPod batteries last a life time. How can you say that as the ipod hasn’t even been around for a lifetime?

Thirdly: Think of how much money you would spend on batteries per year if you had another product - such as a diskman. I remember listening to my diskman a lot and if I was to listen to it for as long as I listen to my ipod each day, I would have gone through 2 batteries on a daily basis. Batteries aren’t cheap!
So - lets work this out. As it’s cheaper to get batteries in a bigger pack, lets just say I buy a pack of 10 AA batteries, which costs around $12 (AUD) - $1.20 per battery. I use, on average, 2 batteries per day ($2.40), times that by 7 and you end up with $16.80 worth of batteries per week. Times that by 52 weeks in the year, and you get $873.60 per year spent on batteries. That’s a lot of money! That’s $30 shy of a 40GB iPod!

Think of how much money you are saving. Stop complaining. Realise that nothing lasts forever and that there are new plans available to cover your ipod. Also try to realise the stupidity in the lawsuit. It would cost more for the suit than it would to buy 10 new iPods. If you ask me, these people have more money than sense, and are really bored if a battery is all they have to complain about.

Posted by dottz on December 26, 2003 at 4:15 AM (CST)


Many of the posts above are missing a point; as I stated I was a 1st gen owner, and after 6 months when the battery failed there was NO OPTION but to buy a new iPod (for the $255 price) from Apple. There was NO 3RD PARTY SELLERS OF IPOD BATTERIES and Apple had a 30 day warranty at the time. Apple at the time offered nothing but a “too bad” response after many of us paid $400 for the iPod. Yes, NOW YOU CAN BUY A BATTERY FROM OTHERS, and yes now Apple has changed their attitude and are a tad more accomadating. I am not complaining about the cost of batteries ($50 seems fair) but back then we were screwed SINCE NOBODY WAS SELLING REPLACEMENT IPOD BATTERIES THEN - GET IT????. Some of you missed the point- Pay $400, batt. dies in 6 months, no third party supplier, Apple says “pay $255”- That’s what the problem WAS.

Posted by Me on December 28, 2003 at 11:21 AM (CST)

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