Apple Canada iPod Owners Eligible for $3.6 million Settlement
May 8, 2008
Apple Canada Inc is offering CDN $45 (USD $44.40) credits, usable at the Apple Canada online consumer store, to as many as 80,000 Canadian residents who own a first, second, or third-generation iPods purchased before June 24, 2004. Apple has decided to settle the litigation without admitting any wrongdoing or liability.
The proposed $3.6 million settlement is the result of two iPod owners - Ines Lenzi of Montreal and Bradley Waddell of Toronto - suing Apple due to alleged misrepresentation of the lifespan of iPod batteries. There are some restrictions with respect to how the store credit can be redeemed:
A Store Credit may not be used on the Apple online education store or any Apple online specialty store, and may not be used to purchase gift cards, gift certificates, software downloads, iTunes content, refurbished products, any products which are not Applebranded, or any products redeemable for cash. More specifically, and without limiting the generality of the foregoing, a Store Credit cannot be used to purchase or obtain a refund on iTunes content, iTunes Store Cards, iTunes Store Gift Certificates, iTunes Song Codes or Allowances, or any products redeemable for iTunes content.
Ines Lenzi claimed that “Apple had misrepresented the lifespan of its iPod Batteries, that Apple had misled its customers by failing to advise them that its Batteries were defective and that Apple did not provide the advertised eight or ten hours of playtime after being recharged and dwindled progressively over time.” Lenzi initially asked for $137.77 from Apple for a replacement battery, plus shipping and handling, $50 for inconvenience and $400 in exemplary damages.
Bradley Waddell claimed that “Apple had committed various contractual and legal breaches, had acted negligently and had misrepresented the capacity of its iPod Batteries to take and hold an electrical charge.” Furthermore, Waddell also alleged that the capacity of iPod batteries “alleged that this capacity diminished over time and that certain iPods could only be used for two or three hours consecutively, or less.”
Apple stated that Battery lifespan varies with usage and that users ought to be aware that all rechargeable batteries have a limited lifespan and eventually cease to take a charge.
The deal has to be finalized in court in Montreal on May 26 and in Toronto on June 20. As many as 80,000 Canadians could be eligible said Montreal lawyer Philippe Trudel, who represented Lenzi.
More info (PDF): Full iPod Battery Settlement Agreement is available in English and French.
Cool. Now if your article specified how to claim that credit that would be some information I could use.
Thank you for commenting. At the end of the article above, you will find a link to PDF document titled “Full iPod Battery Settlement Agreement .” Look under “Claims Process and Administration” on page 9.