Plaintiffs v Amazon.com's Electronic Book

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Amazon Sued For Cracking Kindles, $5-Plus Million Sought In Class Action

Case ID: 5451
Amount At Issue: $5,000,000.00
Category: Consumer Products
 
Last Update: 07/16/2009
Country:
 

You've heard about cracking open a book, but how about cracking open a Kindle

Apparently this is happening to some owners of Amazon.com's electronic book who also bought the optional, $30 protective cover, including one unhappy gadget lover who filed a federal lawsuit in Seattle.

Matthew Geise, executive director of a Seattle property management firm, bought a $359 Kindle 2 in for his wife's birthday, plus one of the official Amazon Kindle covers.

After about three months the Kindle started cracking around the points where the cover attaches with metal clips. The cracks grew and the screen froze and the device (shown above) stopped working, according to the class action complaint that seeks refunds, treble damages and legal costs.

According to the lawsuit, when Geise called Amazon to make a warranty claim, a customer-service representative said the company would cover the screen freeze but not the cracks, contending they were caused by improperly opening the cover backwards. That damage isn't covered by the warranty, Geise was told, and he would have to pay $200 for the repairs.

A supervisor told Geise's wife, Alisa Brodkowitz, that the cracks are a "common problem" but reiterated that the couple would have to pay $200 to get a replacement unit. The supervisor told them the cracked one may end up being repaired and offered as refurbished, according to the lawsuit.

The couple's suit, filed in U.S. District Court in Seattle, said the value of the "matter in controversy" exceeds $5 million. It said the class would include buyers of Kindle 2 and Kindle DX models "installed in a Kindle Cover designed by Amazon."

Geise's attorney, Beth Terrell, said they believe "scores, if not hundreds," of Kindle buyers have had cracking problems. Other consumer-protection class action cases filed by Terrell include suits against Qwest involving Internet fees and against Microsoft and Best Buy over MSN trial subscriptions in Windows Vista.

For more information please contact:
Beth Terrell
Tousley Brain Stephens PLLC
1700 Seventh Avenue, Suite 2200
Seattle, Washington 98101
Telephone: 206.682.5600
Facsimile: 206.682.2992
E-Mail: contact@tousley.com

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