Hagens Berman Sobol Shapiro LLP, the law firm representing plaintiffs in the iPod nano lawsuit against Apple, has sent out a press release announcing its claims. As reported last week, Jason Tomczak and other consumers have filed a class action suit over the iPod nano’s susceptibility to scratches.
Steve Berman, lead attorney in the case, says that Apple chose to ignore a design problem with the nano before it was released and has since downplayed the complaints from owners. “We intend to prove that in an effort to rush the iPod nano to the market, Apple ignored obvious defects in the design and later tried to cover up negative responses received from consumers,” says Berman. “We seek to recover money lost in purchasing this product as well as the $25 fee Apple has chosen to impose on those who have returned their product after it became unusable.”
The press release also attempts to describe the alleged defect with the nano. “Previous versions of the iPod separated the screen and controls from the case and was covered with a thick film of resin. In designing the nano, Apple reconstructed the housing into a seamless front where the screen and controls reside directly under a much less durable film of resin allowing irreparable damage to occur.”
The announcement goes on to say that “Apple knew the nano was defective, but chose to go forward with the release and pass the cost of replacing the defective device on to class members. The suit also claims that instead of admitting to the flaw after widespread complaint, Apple concealed the defect and advised class members to purchase additional equipment to prevent the screen from scratching excessively.”