Angry iPod Nano owners have filed a class action lawsuit in the U.S. District Court in San Jose, California, against Apple Computer, Inc. The lawsuit, filed by attorneys in Seattle and Columbus, Ohio, on behalf of all Nano owners, charges that the iPod Nano's LCD screen is too easily scratched. The claim is that under normal use, the screen will become so scratched that it is rendered unreadable, and that Apple was aware of these problems and shipped the Nano anyway, violating "implied and expressed warranties." The suit asks for "damages in the amount of monies paid for Nanos," as well as unspecified actual, statutory and punitive damages.

The lawsuit claims that the Nano has a thinner coating of polycarbonate resin and is thus more scratchable than previous iPods.

Consumer Complaints

Among consumers complaining to ConsumerAffairs.com about the problem was Anthony of Enumclaw, Wash. "The LCD display became blotched and unusable. The iPod would still play, but you had no controls," he said.

"There was no physical damage to the Ipod at all. They said that the LCD screen is not covered under warranty. So basically we are out of luck. What a rip-off," said Anthony.

Apple had previously admitted to a manufacturing defect with less than one percent of iPod Nanos that made its LCD screen prone to cracking, but this was an unrelated issue and all Nano owners with the defect were offered free replacements. At the time, the issue of scratching was brought up by an Apple representative:

If customers are concerned about scratching, we suggest they use one of the many iPod Nano cases that are now becoming available.

Scratching issues are common knowledge to anyone who owns a portable electronic device. "My own well-worn iBook has earned hundreds of battle scars during its years of service" says the Apple representative. However, laptop scratches are merely an aesthetic annoyance, as the screen is protected whenever the unit is closed. The displays on portable players like the iPod offer no such protection. This has fueled the demand for iPod accessories, which are available in a bewildering array of choices, from complex Batman-like belt clips to iPod socks.

Concerns about cracking and scratchable screens have not appeared to have slowed down iPod Nano sales. Apple claims that over a million units of the new player, available in white and black models, were sold in the first 17 days of its availability. For such a small device, the Nano has shown remarkable durability in stress tests

"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," said one of the attorneys representing Nano owners."We seek to recover money lost in purchasing this product as well as the $25 fee Apple has imposed on those who have returned their product after it became unusable."

The suit claims 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 its customers. The suit also alleges that Apple concealed the defect and advised class members to purchase additional equipment to prevent the screen from scratching excessively.