Apple appeals iPod battery settlement
Apple in late October notified a California Court that it planned to appeal the approved settlement in the widely publicized iPod battery class action lawsuit, AppleInsider has discovered.
On October 24, the Cupertino, Calif.-based iPod maker filed a notice of appeal with the Superior Court of California, County of San Mateo, challenging the terms of the approved iPod settlement.
"As a result, Settlement benefits will not be provided unless and until the appeal is resolved," said the suit's organizers in statement on the Apple iPod Settlement Web site. "This could take an extended period of time (up to a year or more). Until that time, Apple's normal policies are in effect."
AppleInsider readers have also noted the recent disappearance of all references and links to the settlement terms from Apple's corporate Web site.
The original lawsuit, filed on behalf of US residents, alleged that Apple failed to disclose the battery limitations of its first three iPod models.
In August, San Mateo County judge approved a proposed settlement in the case, which 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.
The terms of the settlement required Apple to offer first- or second-generation iPod owners $25 cash or a $50 credit at the Apple store. Meanwhile, owners of third-generation iPod models were to be eligible for a free replacement battery if the battery fails.
On October 24, the Cupertino, Calif.-based iPod maker filed a notice of appeal with the Superior Court of California, County of San Mateo, challenging the terms of the approved iPod settlement.
"As a result, Settlement benefits will not be provided unless and until the appeal is resolved," said the suit's organizers in statement on the Apple iPod Settlement Web site. "This could take an extended period of time (up to a year or more). Until that time, Apple's normal policies are in effect."
AppleInsider readers have also noted the recent disappearance of all references and links to the settlement terms from Apple's corporate Web site.
The original lawsuit, filed on behalf of US residents, alleged that Apple failed to disclose the battery limitations of its first three iPod models.
In August, San Mateo County judge approved a proposed settlement in the case, which 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.
The terms of the settlement required Apple to offer first- or second-generation iPod owners $25 cash or a $50 credit at the Apple store. Meanwhile, owners of third-generation iPod models were to be eligible for a free replacement battery if the battery fails.
Comments
Originally posted by Bmaier
Was the settlement too expensive? Doubtful. The most likely reason for this is that Apple believes that there was sufficient product literature and technology information available for consumers to implictily understand the limitations of the internal battery: Li-Ion batteries have been around for a while in devices like cell phones and cameras. Was their product literature ever meticulously combed for mention of the replaceable nature of their batteries?
They probably were getting inundated with repair requests and need cool it down. Otherwise why would they have sent out forms that would allow people to get replacement batteries earlier this year.
stu
Originally posted by stustanley
maybe they are just fed up with people saying ipod batteries are 'not very good'!!
While it's unlikely that this is a reason for the appeal, it does happen and is frustrating. I've had people tell me they've bought irivers and other devices because they heard iPod battery replacements cost $99. This is a ridiculous situation: yes, an official iPod battery replacement provided by Apple on an iPod covered by no warranty and outside the appeal costs $99 BUT the fact of the matter is that no other PDMP manufacturer seems to care enough about its customers to provide any such service AT ALL. I don't know if things have changed, but last time I checked, the ONLY way to replace an iriver battery was to find an equivalent battery and then pull the beast apart to do it yourself! iriver provided no battery replacement service leaving customers SOL.
I do think Apple's battery replacement service is a little expensive, but at least it exists.
One question, though: are first to third generation iPods covered by the $99 battery replacement service while the appeal is in progress? I own a 4G myself (after more than a year of constant use it's running 13 hours without hitting the flat) and I'm wondering if anyone at Appleinsider has experience using the $99 service for any of their iPods. Anyone?
Update: As Jeff pointed out, Apple reduced the price of the battery replacement service to $65.95 (inc. shipping.) I saw no mention of generation restrictions on the Apple Support page, and it looks as though a similar service is to be set up for iPod Shuffle users - price yet undecided:
http://www.apple.com/support/ipod/service/battery/
http://www.apple.com/support/ipodshuffle/service/faq/
Originally posted by jdbartlett
I'm wondering if anyone at Appleinsider has experience using the $99 service for any of their iPods.
I haven't but I have one piece of info that makes could reduce hesitation. The replacement cost through Apple is now $65, $59 + $6 shipping:
http://www.apple.com/support/ipod/service/battery/
It seems to indicate that you might get a different iPod in return, as in same model but different serial number. It seems pretty silly to do that though when the cover can be removed and replaced on many models. There are other services too, I think OWC also replaces batteries for a lower cost, replacing them with a battery with a higher mAh rating too.
According to iPod Battery FAQ site, it appears that the price was changed early July.
http://news.com.com/2061-10793_3-5979229.html
Payout delayed in iPod battery deal
December 1, 2005 4:59 PM PST
Those waiting to collect from Apple Computer's iPod battery settlement will have to wait a little bit longer.
In June, Apple said that it had reached a deal with Girard Gibbs & De Bartolomeo, the law firm that had brought the class action claim. Under the terms of the pact, those who bought iPods before May 31, 2004, would be eligible to receive a battery replacement, $25 in cash, or $50 in Apple store credit, depending on the specifics of their situation.
The agreement received approval from the court in August. However, on Oct. 26, as the deadline for appealing the settlement was approaching, two individuals objected to the deal.
Payments from Apple are now delayed, pending a hearing or dismissal of the appeal claim, according to information posted on the Gerard Gibbs Web site.
Now on the other hand, stronger warranty laws (set up right) do generally protect consumers from being sold electronics that start falling apart.
Originally posted by bigbwai2000
It seems CNET may have some new information on the lawsuit. Most relevant is that it doesn't say Apple appealed anything. check it out:
Payments from Apple are now delayed, pending a hearing or dismissal of the appeal claim, according to information posted on the Gerard Gibbs Web site.
It does mention an appeal claim.