Judge approves settlement in iPod class-action suit

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Judge approves settlement in iPod class-action suit

A San Mateo Calif. County judge on Thursday gave final approval to the settlement of the iPod battery class-action lawsuit. According to lawyers, the settlement will allow as many as 1.3 million iPod owners to get new batteries and could cost Apple $15 million.

“All these people are going to get relief, and we think that’s a big victory for them,” said Steve Williams, lead counsel for the suit and an attorney for Burlingame’s Cotchett, Pitre, Simon & McCarthy.

Under the settlement, consumers who bought first- or second-generation iPods before May 31, 2004 are entitled to either $25 cash or a $50 credit at the Apple Store. Owners of third-generation iPods are entitled to a free replacement battery if their battery fails or a $50 credit. iPod owners who already paid to have their battery replaced can get up to half of that cost back from Apple.

The iPod Battery Settlement: Your Rights and Compensation

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Comments

1

1st! Had a 3rd Gen and am glad to see the results. Submitted via the .PDF option last month, wonder how long this will take to receive compensation.

Posted by E on August 26, 2005 at 7:22 AM (PST)

2

I’m wondering too. I’m expecting $50 credit. But I don’t know what I can get from the Apple store. Pretty much have every iPod accessory I want at this point and I’m a PC user.

Posted by klwdallas on August 26, 2005 at 8:44 AM (PST)

3

“But I don’t know what I can get from the Apple store.”

Well, a Mac, of course!

Posted by m. sherman on August 26, 2005 at 12:01 PM (PST)

4

Yeah, I just few hundred more dollars. If only I had about 10-20 more defective 3G ipods. I would be rich now.

Posted by klwdallas on August 26, 2005 at 1:52 PM (PST)

5

Wouldn’t they track down the number of iPods you registered or bought under your name to see if you’ve made an upgrade and deny you? That’s a lot of money Apple will lose.

Posted by AZ on August 26, 2005 at 5:26 PM (PST)

6

I got two coming, I’m guessing 8-12 weeks from now.

Posted by Eriamjh on August 29, 2005 at 8:29 AM (PST)

7

Okay, here’s a question. I have a 3G iPod and my battery has failed, and I’m sending it in tomorrow.

Will Apple send me another 3G iPod? Or will they send me a new 4G?

Posted by Josh on August 29, 2005 at 10:49 AM (PST)

8

Hello,

I am currently living in Cape Verde, West Africa as a Peace Corps volunteer and I have a 3rd Generation ipod that I obtained in June of 2004 and the battery in it is not holding a charge for more than one hour. The detailed specs on the device state that it will hold for eight hours. This has not been the case since I recieved it and it has decreased in duration everytime I plug it in. Please let me know my options.

Sincerely,

Jacob Cullen

Posted by Jacob Cullen on September 5, 2005 at 5:31 AM (PST)

9

In case anyone’s wondering what’s going on, here’s a response I received from GirardGibbs yesterday:

Thank you for contacting us regarding the Apple iPod class action settlement.

The California Superior Court granted final approval of settlement on August 25, 2005. Under the terms of that order and settlement, Apple is not required to begin the process of fulfilling claims until the judgment and order in the case is final, which occurs only after the time for appeal expires and no appeal is filed or, if an appeal is filed, after that appeal is resolved by the California Court of Appeal. On October 24, 2005, just prior to expiration of the appeals period, two individuals filed an appeal from the judgment and order approving the settlement. As Class Counsel, we are in the process of responding to that appeal, which we believe to be without merit. However, until that appeal is withdrawn, dismissed, or resolved by the Court of Appeal, Apple cannot be legally required to begin the process of fulfilling claims, or pay Class Counsel’s attorneys’ fees and expenses. We are working as diligently as possible to have this appeal dismissed and/or resolved by the California Court of Appeal. We sincerely appreciate your patience and will update our website at http://www.girardgibbs.com with further information as it becomes available. Thank you.

Although confirmation of claims is not going out, you can call the Claims Administrator’s number, printed in the Instructions, to find out whether your claim has been received. For your convenience, that information is printed below. Please let me know if you have additional questions.

To reach a specialist at the Claims Administration office, dial 1-888-385-3085 and select option 4 (FAQs) and then option 19 (followed by the pound key). Option 19 is for people who need help filling out the claims form or to verify if they have, in fact, received their claim form. If all of them are busy you can leave a message to have someone call you back.

Posted by Chris Thurrott on November 3, 2005 at 6:33 AM (PST)

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