The Law Firm representing Jason Tomczak in a proposed class action law suit against Apple for defective iPod nanos has issued a statement detailing the complaint. The suit, filed on October 19, alleges that the resin coating on the surface of the iPod nano is defective, which results in excessive scratching, and that Apple may have been aware of the problem before the product shipped.
The lawsuit also claims that Apple intentionally misled consumers by showing Steve Jobs pulling a nano from his jeans pocket, implying that they are durable and won’t scratch easily.
Mr. Tomczak stated that his fist nano scratched so easily that the screen was unreadable after a few days. Since the battery was also malfunctioning, he returned it to Apple in exchange for a new one. His second nano also scratched easily, so he returned that one as well, but Apple charged him a US$25 return fee.
The law suit goes on to explain that Apple removed some complaints about the nano from its message boards, and has locked some discussion threads about the nano, preventing consumer discussions about nano problems. It also states that Apple advised nano owners to buy a protective case or cover to prevent the screen from scratching.
A quick check of Apple’s web site led us to an iPod nano tutorial that states "Smaller than an iPod mini and thinner than an iPod shuffle, iPod nano slips comfortably into a shirt or hip pocket," but does not mention the need for a protective cover.
As a part of the proposed class action law suit, Mr. Tomczak is requesting restitution for damages, including refunds for nanos and the $25 return fee, along with attorney’s and legal fees.