Judge approves settlement in iPod class action suit

***AppleInsider*** · 08-26-2005, 10:13 AM

A San Mateo County judge on Thursday approved the settlement of a class action suit that will offer relief to as many as 1.3 million iPod owners who may have been victim to poor or defective batteries.

The original lawsuit, filed on behalf of US residents, alleged that Apple failed to disclose the battery limitations of its first three iPod models.

"All these people are going to get relief, and we think that's a big victory for them," Steve Williams, lead counsel for the suit, and an attorney for Burlingame's Cotchett, Pitre, Simon & McCarthy told the San Mateo Times.

The settlement applies to consumers who purchased an iPod model on or before May 31, 2004 and saw the charge of their iPod battery drop to four hours or less on a third-generation iPod, or five hours or less on one of the first two generation models.

Under the settlement, owners of either a first- or second-generation model are entitled to $25 cash or $50 credit at the Apple store. Meanwhile, owners who actually paid Apple to repair a battery in one of the players will be entitled to up to half of that cost back.

Owners of third-generation iPod models are entitled to a free replacement battery if the battery fails.

In order to make claims, iPod owners must submit individual claim forms for each iPod they own as instructed by the Apple iPod Settlement Web site.

For third-generation iPod claims, the postmark deadline for submitting a claim is two years after the original purchase date of the iPod or September 30, 2005, whichever is later. For all other claims, the postmark deadline for submitting a claim is September 30, 2005.

In addition to reimbursing consumers, the original suit also sought attorneys' fees and out-of-pocket expenses in the amount of $2,768,000, and a $1,500 incentive payment to each of the suit's class representatives. Apple did not oppose either reward.

According to lawyers, the settlement could cost Apple as much as $15m in total, which is considerably less than the $100m figured quoted when the settlement was conditionally approved in June

[ View this article at AppleInsider.com ]

CosmoNut · 08-26-2005, 10:28 AM

http://www.appleipodsettlement.com/

**melgross** · 08-26-2005, 11:30 AM

The amount of the settlement was good news.

But the fact that they got anything at all is not. Rechargable batteries have been around now for four decades. 40 years! If people don't know by now that all rechargable batteries die after a while then it's too bad for them.

I am a strong believer in consumerism, but that ends with some personal responsibility.

This is like that suit against MacDonalds where a woman takes a hot *paper* cup of coffee, puts it between her knees, and starts her car, causing her to move her knees together squashing the cup and spilling coffee over her.

If I were on that jury I would have awarded MacDonalds money.

Too many people seem to want to lead a happy go lucky life where their own stupidity is paid for by someone else.

CosmoNut · 08-26-2005, 11:53 AM

I think the issue here was not that the batteries degraded in charge life, but HOW QUICKLY they did.

BRussell · 08-26-2005, 12:09 PM

What happened here? I got my settlement paperwork over a month ago (though I haven't sent it in yet). It wasn't approved yet?

krankerz · 08-26-2005, 12:09 PM

This is extremely old news. I sent my request form in months ago.

**melgross** · 08-26-2005, 12:11 PM

Quote:

Originally posted by CosmoNut
I think the issue here was not that the batteries degraded in charge life, but HOW QUICKLY they did.

Depending on usage and charging patterns, it can take less than a year to run a rechargable battery down to a third or quarter of its rated run time.

Many people don't read the instruction on how to treat these batteries. My friend has a 3rd gen iPod and the battery still gives over 9 hours of run time.

nagromme · 08-26-2005, 12:35 PM

You can run any rechargeable battery down quickly or not, depending on use. Apple MAY indeed have sold defective parts (which was surely not intentional), but I have yet to see evidence of that being true. I see evidence of lawyers going after a big target, and Apple having to choose the path of least resistance to get rid of them. Beyond that I cannot say.

Also, many people think the iPod was the only player designed with batteries that are hard to get to. That was never true. Sealed-in batteries have been common on MANY players.

The difference being that with iPod, vs. those other sealed-in models, at least you have several choices of replacement batteries--AND services to install them for you if you prefer

Louzer · 08-26-2005, 12:41 PM

Quote:

Originally posted by BRussell
What happened here? I got my settlement paperwork over a month ago (though I haven't sent it in yet). It wasn't approved yet?

I don't think that was settlement to the case, it may have been just Apple's own replacement program (I don't know, I got it too, but I already had applecare for the stupid thing, so it didn't mean much).

It doesn't seem like much of a deal, though (well, except for the lawyers!). Gen 1 and 2 owners get only half their money back, if they paid apple to replace it (own replacements don't count). Why only half price? Or they get credit, which is great for apple, allows them to get people to buy more of their stuff.

Its odd that it seems all the 1G and 2G owners get credit, not just those with a problem.

Third-gens get a battery replacement, at least. Assuming they haven't got one already (or went 3rd party to save money).

satchmo · 08-26-2005, 03:26 PM

I sent my form in about a month ago...now that the settlement has been approved by the courts, hopefully I'll see something in the mail shortly.

Dave K. · 09-05-2005, 04:57 PM

Quote:

Originally posted by BRussell
What happened here? I got my settlement paperwork over a month ago (though I haven't sent it in yet). It wasn't approved yet?

Have you heard anything yet? I haven't received an acknowledgment yet? Which I figured I would have by now.

sam_dlg · 09-20-2005, 12:11 PM

has anyone gotten anything yet? I sent my forms in about 1 month ago.

OldCodger73 · 09-20-2005, 03:29 PM

I sent the form in for my 2G iPod on June 8 and haven't received the credit yet.

The following is from the Apple Support iPod folder dated June 2005:
http://www.appleipodsettlement.com/faq.html

<<Frequently Asked Questions
13. When can I expect to receive my benefits?

Benefits for validly submitted claims will be issued once the Court has given its final approval and the appeals period has expired.>>

The kicker to prevent a timely appearance of checks/credit might be "and the appeals period has expired".

sam_dlg · 09-29-2005, 05:26 PM

since it was approved in september, we should start seeing our checks in november or even december.
I spoke with a rep from their claims admin area and he claimed that they hadn't received my claim, so I scanned them in today and emailed them.

I can only hope that everyone either emailed or mailed certified...cuz...tomorrow's the deadline.

I'll post a reply once I get my credit.

sam_dlg · 09-29-2005, 05:27 PM

Quote:

Originally posted by Dave K.
Have you heard anything yet? I haven't received an acknowledgment yet? Which I figured I would have by now.

the guy told me they only acknowledge receipt for those emailed in.

08-26-2005, 10:13 AM	#1
*AppleInsider* Kasper's Automated Slave Join Date: Nov 1997 Posts: 6,166	Judge approves settlement in iPod class action suit A San Mateo County judge on Thursday approved the settlement of a class action suit that will offer relief to as many as 1.3 million iPod owners who may have been victim to poor or defective batteries. The original lawsuit, filed on behalf of US residents, alleged that Apple failed to disclose the battery limitations of its first three iPod models. "All these people are going to get relief, and we think that's a big victory for them," Steve Williams, lead counsel for the suit, and an attorney for Burlingame's Cotchett, Pitre, Simon & McCarthy told the San Mateo Times. The settlement applies to consumers who purchased an iPod model on or before May 31, 2004 and saw the charge of their iPod battery drop to four hours or less on a third-generation iPod, or five hours or less on one of the first two generation models. Under the settlement, owners of either a first- or second-generation model are entitled to $25 cash or $50 credit at the Apple store. Meanwhile, owners who actually paid Apple to repair a battery in one of the players will be entitled to up to half of that cost back. Owners of third-generation iPod models are entitled to a free replacement battery if the battery fails. In order to make claims, iPod owners must submit individual claim forms for each iPod they own as instructed by the Apple iPod Settlement Web site. For third-generation iPod claims, the postmark deadline for submitting a claim is two years after the original purchase date of the iPod or September 30, 2005, whichever is later. For all other claims, the postmark deadline for submitting a claim is September 30, 2005. In addition to reimbursing consumers, the original suit also sought attorneys' fees and out-of-pocket expenses in the amount of $2,768,000, and a $1,500 incentive payment to each of the suit's class representatives. Apple did not oppose either reward. According to lawyers, the settlement could cost Apple as much as $15m in total, which is considerably less than the $100m figured quoted when the settlement was conditionally approved in June [ View this article at AppleInsider.com ]

08-26-2005, 10:28 AM	#2
CosmoNut Senior Member Join Date: Nov 2001 Location: Non-Cupertino-based Posts: 4,831	http://www.appleipodsettlement.com/ AppleInsider's "journalists" are anything but.

08-26-2005, 11:53 AM	#4
CosmoNut Senior Member Join Date: Nov 2001 Location: Non-Cupertino-based Posts: 4,831	I think the issue here was not that the batteries degraded in charge life, but HOW QUICKLY they did. AppleInsider's "journalists" are anything but.

08-26-2005, 12:35 PM	#8
nagromme Registered User Join Date: Apr 2002 Location: No GPS signal. Posts: 1,169	You can run any rechargeable battery down quickly or not, depending on use. Apple MAY indeed have sold defective parts (which was surely not intentional), but I have yet to see evidence of that being true. I see evidence of lawyers going after a big target, and Apple having to choose the path of least resistance to get rid of them. Beyond that I cannot say. Also, many people think the iPod was the only player designed with batteries that are hard to get to. That was never true. Sealed-in batteries have been common on MANY players. The difference being that with iPod, vs. those other sealed-in models, at least you have several choices of replacement batteries--AND services to install them for you if you prefer nagromme Would you like a treatment?

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08-26-2005, 11:30 AM	#3
melgross Global Moderator Join Date: Sep 2004 Location: NYC Posts: 19,612	The amount of the settlement was good news. But the fact that they got anything at all is not. Rechargable batteries have been around now for four decades. 40 years! If people don't know by now that all rechargable batteries die after a while then it's too bad for them. I am a strong believer in consumerism, but that ends with some personal responsibility. This is like that suit against MacDonalds where a woman takes a hot paper cup of coffee, puts it between her knees, and starts her car, causing her to move her knees together squashing the cup and spilling coffee over her. If I were on that jury I would have awarded MacDonalds money. Too many people seem to want to lead a happy go lucky life where their own stupidity is paid for by someone else.

08-26-2005, 12:09 PM	#5
BRussell Registered User Join Date: Nov 2001 Location: In rehab for sex addiction Posts: 9,481	What happened here? I got my settlement paperwork over a month ago (though I haven't sent it in yet). It wasn't approved yet?

08-26-2005, 12:09 PM	#6
krankerz Registered User Join Date: Jun 2004 Location: El Paso, TX Posts: 38	This is extremely old news. I sent my request form in months ago.

08-26-2005, 03:26 PM	#10
satchmo Registered User Join Date: Nov 2001 Location: toronto Posts: 2,328	I sent my form in about a month ago...now that the settlement has been approved by the courts, hopefully I'll see something in the mail shortly.

09-20-2005, 12:11 PM	#12
sam_dlg Registered User Join Date: Aug 2004 Posts: 24	has anyone gotten anything yet? I sent my forms in about 1 month ago.

09-20-2005, 03:29 PM	#13
OldCodger73 Registered User Join Date: Oct 2002 Location: Seattle area Posts: 616	I sent the form in for my 2G iPod on June 8 and haven't received the credit yet. The following is from the Apple Support iPod folder dated June 2005: http://www.appleipodsettlement.com/faq.html <<Frequently Asked Questions 13. When can I expect to receive my benefits? Benefits for validly submitted claims will be issued once the Court has given its final approval and the appeals period has expired.>> The kicker to prevent a timely appearance of checks/credit might be "and the appeals period has expired".

09-29-2005, 05:26 PM	#14
sam_dlg Registered User Join Date: Aug 2004 Posts: 24	since it was approved in september, we should start seeing our checks in november or even december. I spoke with a rep from their claims admin area and he claimed that they hadn't received my claim, so I scanned them in today and emailed them. I can only hope that everyone either emailed or mailed certified...cuz...tomorrow's the deadline. I'll post a reply once I get my credit.

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