With the support of Seattle law firm Hagens Berman Sobol
Shapiro, Jason Tomczak accuses Apple of violating consumer
protection statutes, express and implied warranty statutes,
negligent misrepresentation and unjust enrichment.
Filed in US District Court in San Jose California, the lawsuit
seeks class-action status, to represent millions of purchasers of
the iPod nano since its introduction in September.
The lawsuit points to a TV ad in which Steve Jobs, co-founder of
Apple, "is shown using the Nano and specifically removing it from
his pocket." It observes: "Seemingly, this television advertisement
was designed to tout the durability and convenience, due to size,
of the Nano."
By advertising its product in this way, Apple lead its consumers
to believe that its little music player was in fact durable enough
to put it in your pocket, briefcase or backpack without doing
irreparable damage to the device, according to the lawsuit.
Jason's first nano became so scratched within a few days that he
could no longer view the screen, he says. But it also had a battery
problem, so it was replaced. He took better care of his
replacement; but points out that he tested its durability "by
rubbing a paper towel on the corner of the Nano face and that alone
left significant scratches."
He argues that if you put a nano in your pocket with another
object – even the earphones supplied with it – the screen is
doomed. He concludes that he (and any other nano owners who join
his lawsuit) would not have purchased the gadgets "and/or paid as
much for them" had they known the truth.
Jason seeks restitution and/or disgorgement of profits,
compensatory and punitive damages, legal costs and interest.
