Wanted: Forum member attorney! BMW class actions suit
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Originally Posted by vnod' post='206759' date='Dec 3 2005, 05:18 PM
"Apple Faces Class Action Suits on IPod Battery:
Apple Computer Inc. faces five class action suits filed in December claiming it misrepresented the battery life of its iPod digital music player, the company said on Tuesday in a regulatory filing. The Cupertino, California maker of the Macintosh computer has been buoyed in recent quarters by robust sales of the iPod. But users have complained the iPod battery wears out too quickly."
Apple Computer Inc. faces five class action suits filed in December claiming it misrepresented the battery life of its iPod digital music player, the company said on Tuesday in a regulatory filing. The Cupertino, California maker of the Macintosh computer has been buoyed in recent quarters by robust sales of the iPod. But users have complained the iPod battery wears out too quickly."
Another site I happened to have created:
http://ipodbatteryfaq.com
The battery life in the iPod was not "misrepresented", and it's no different than that of any other lithium ion battery on earth. Apple will replace it for you (and give you a new or "like new" iPod of the same model with warranty) for $59, or you can replace it yourself for under $30.
[/quote]
F-That. The Apple suit is for -defective- batteries. There is a test that you must perform before making a claim. The suit is intended to address batteries that specifically fall short of Apple's stated expectations. Ever hear of a parts supplier making a bad run of a certain component? It happens to batteries too, and in this case it definitely happened. If the batteries were -easily- replaced (if there was a battery door), I'm sure this wouldn't be an issue at all. Apple made its bed when it decided to seal the unit. It also didn't help that the initial service response to a bad or old battery was to tell the owner of said unit that the replacement cost would be $250, and that it was just better to replace the iPod. The original website that broke the news had a .wav file of a customer service call confirming this. Only after public outcry did Apple reduce the cost to $100 or so. Some do-it-yourself kits are probably cheaper now.
I think it's deplorable that the response Apple has to building flimsy unserviceable products is to sell service/warranty contracts. You have to pay because they make products that aren't meant to last - I'm actually shocked there isn't more outrage concerning this. "Hey, you really should buy this extended warranty because this nice shiny thing you just bought will most certainly break". My sister is on her 4th iPod - a Nano I recently bought her. The thing has a centimeter band in the screen where the LCD doesn't produce an image. This is on a unit that has never been dropped, and gets used in an armband while she jogs.
I'm glad Apple is taking a few kicks in the nuts. That company could put dogshit in a box and people would lose all feeling in their hands from applauding it. Companies like Microsoft must withstand constant criticism, yet Apple can do no wrong. Well, Apple -can- do wrong, and I'm glad someone is willing to recognize it.
Don't get me started about iTMS...
#32
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Originally Posted by das' post='206784' date='Dec 3 2005, 08:17 PM
[quote name='vnod' post='206759' date='Dec 3 2005, 05:18 PM']"Apple Faces Class Action Suits on IPod Battery:
Apple Computer Inc. faces five class action suits filed in December claiming it misrepresented the battery life of its iPod digital music player, the company said on Tuesday in a regulatory filing. The Cupertino, California maker of the Macintosh computer has been buoyed in recent quarters by robust sales of the iPod. But users have complained the iPod battery wears out too quickly."
Apple Computer Inc. faces five class action suits filed in December claiming it misrepresented the battery life of its iPod digital music player, the company said on Tuesday in a regulatory filing. The Cupertino, California maker of the Macintosh computer has been buoyed in recent quarters by robust sales of the iPod. But users have complained the iPod battery wears out too quickly."
Another site I happened to have created:
http://ipodbatteryfaq.com
The battery life in the iPod was not "misrepresented", and it's no different than that of any other lithium ion battery on earth. Apple will replace it for you (and give you a new or "like new" iPod of the same model with warranty) for $59, or you can replace it yourself for under $30.
[/quote]
F-That. The Apple suit is for -defective- batteries. There is a test that you must perform before making a claim. The suit is intended to address batteries that specifically fall short of Apple's stated expectations. Ever hear of a parts supplier making a bad run of a certain component? It happens to batteries too, and in this case it definitely happened. If the batteries were -easily- replaced (if there was a battery door), I'm sure this wouldn't be an issue at all. Apple made its bed when it decided to seal the unit. It also didn't help that the initial service response to a bad or old battery was to tell the owner of said unit that the replacement cost would be $250, and that it was just better to replace the iPod. The original website that broke the news had a .wav file of a customer service call confirming this. Only after public outcry did Apple reduce the cost to $100 or so. Some do-it-yourself kits are probably cheaper now.
I think it's deplorable that the response Apple has to building flimsy unserviceable products is to sell service/warranty contracts. You have to pay because they make products that aren't meant to last - I'm actually shocked there isn't more outrage concerning this. "Hey, you really should buy this extended warranty because this nice shiny thing you just bought will most certainly break". My sister is on her 4th iPod - a Nano I recently bought her. The thing has a centimeter band in the screen where the LCD doesn't produce an image. This is on a unit that has never been dropped, and gets used in an armband while she jogs.
I'm glad Apple is taking a few kicks in the nuts. That company could put dogshit in a box and people would lose all feeling in their hands from applauding it. Companies like Microsoft must withstand constant criticism, yet Apple can do no wrong. Well, Apple -can- do wrong, and I'm glad someone is willing to recognize it.
Don't get me started about iTMS...
[/quote]Well, I don't know if the iPod suit is, or was, a dumb one or not. It was not, and still is not, my intention to discuss the suit's merits (as mentioned). As indicated, I only mentioned the iPod suit because it provides an example of a suit that parallels in some important ways to one that has been suggested here. All I said above was:
"I wondered where this topic went. Yes, the iPod battery suit may be [and, thus, may not be] a dumb suit. I was just providing an example of a suit similar to the one being discussed. There are many other similar examples that may not be so problematic."
So, I can only assume that you are not replying to me.
#33
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Originally Posted by Evenflow545' post='206739' date='Dec 3 2005, 04:18 PM
Geez, guys. I was just trying to make you laugh. Realistically speaking, no one brings a class action lawsuit over squeaky door seals. If you want a "real life" remedy, either: 1. Quit buying BMWs. 2. Keep bringing it in until they fix it. 3. Keep bringing it in and tell the general manager that you're pissed, and ask him to help. 4. Tell the general manager to buy back your car and buy some different car. 5. Keep calling BMW North America and complaining until they fix the problem or buy back your car. 6. File a lawsuit yourself under your state's Lemon Law.
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Originally Posted by vnod' post='207547' date='Dec 5 2005, 04:43 PM
[quote name='das' post='206784' date='Dec 3 2005, 08:17 PM']
[quote name='vnod' post='206759' date='Dec 3 2005, 05:18 PM']"Apple Faces Class Action Suits on IPod Battery:
Apple Computer Inc. faces five class action suits filed in December claiming it misrepresented the battery life of its iPod digital music player, the company said on Tuesday in a regulatory filing. The Cupertino, California maker of the Macintosh computer has been buoyed in recent quarters by robust sales of the iPod. But users have complained the iPod battery wears out too quickly."
[quote name='vnod' post='206759' date='Dec 3 2005, 05:18 PM']"Apple Faces Class Action Suits on IPod Battery:
Apple Computer Inc. faces five class action suits filed in December claiming it misrepresented the battery life of its iPod digital music player, the company said on Tuesday in a regulatory filing. The Cupertino, California maker of the Macintosh computer has been buoyed in recent quarters by robust sales of the iPod. But users have complained the iPod battery wears out too quickly."
Another site I happened to have created:
http://ipodbatteryfaq.com
The battery life in the iPod was not "misrepresented", and it's no different than that of any other lithium ion battery on earth. Apple will replace it for you (and give you a new or "like new" iPod of the same model with warranty) for $59, or you can replace it yourself for under $30.
[/quote]
F-That. The Apple suit is for -defective- batteries. There is a test that you must perform before making a claim. The suit is intended to address batteries that specifically fall short of Apple's stated expectations. Ever hear of a parts supplier making a bad run of a certain component? It happens to batteries too, and in this case it definitely happened. If the batteries were -easily- replaced (if there was a battery door), I'm sure this wouldn't be an issue at all. Apple made its bed when it decided to seal the unit. It also didn't help that the initial service response to a bad or old battery was to tell the owner of said unit that the replacement cost would be $250, and that it was just better to replace the iPod. The original website that broke the news had a .wav file of a customer service call confirming this. Only after public outcry did Apple reduce the cost to $100 or so. Some do-it-yourself kits are probably cheaper now.
I think it's deplorable that the response Apple has to building flimsy unserviceable products is to sell service/warranty contracts. You have to pay because they make products that aren't meant to last - I'm actually shocked there isn't more outrage concerning this. "Hey, you really should buy this extended warranty because this nice shiny thing you just bought will most certainly break". My sister is on her 4th iPod - a Nano I recently bought her. The thing has a centimeter band in the screen where the LCD doesn't produce an image. This is on a unit that has never been dropped, and gets used in an armband while she jogs.
I'm glad Apple is taking a few kicks in the nuts. That company could put dogshit in a box and people would lose all feeling in their hands from applauding it. Companies like Microsoft must withstand constant criticism, yet Apple can do no wrong. Well, Apple -can- do wrong, and I'm glad someone is willing to recognize it.
Don't get me started about iTMS...
[/quote]Well, I don't know if the iPod suit is, or was, a dumb one or not. It was not, and still is not, my intention to discuss the suit's merits (as mentioned). As indicated, I only mentioned the iPod suit because it provides an example of a suit that parallels in some important ways to one that has been suggested here. All I said above was:
"I wondered where this topic went. Yes, the iPod battery suit may be [and, thus, may not be] a dumb suit. I was just providing an example of a suit similar to the one being discussed. There are many other similar examples that may not be so problematic."
So, I can only assume that you are not replying to me.
[/quote]
No, I wasn't replying to anyone in particular. Just raging.
#35
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Originally Posted by UUronL' post='207666' date='Dec 5 2005, 08:18 PM
F-That. The Apple suit is for -defective- batteries. There is a test that you must perform before making a claim. The suit is intended to address batteries that specifically fall short of Apple's stated expectations. Ever hear of a parts supplier making a bad run of a certain component? It happens to batteries too, and in this case it definitely happened.
There was never a class action issue with actual defective batteries; defective batteries in this context were ones that essentially wouldn't work at all, would lose all of their charge within a day though the iPod hadn't been used at all, or would give an hour or two of playing time even though the iPod was brand new. Defective units were always replaced, because the defect was clear. And yes, you're right, bad production runs can happen with anything. But Apple products, including the iPod, have the least problems among all manufacturers. This is statistically indisputable, and has been shown time and again by numerous industry entities and consumer advocacy organizations such as Consumer Reports.
If the batteries were -easily- replaced (if there was a battery door), I'm sure this wouldn't be an issue at all. Apple made its bed when it decided to seal the unit.
However, if Apple did include access mechanisms for the battery, it's not just as simple as a door. There have to be internal structures segregating the battery compartment from other components, for engineering, protection (of the innards of the unit), and regulatory reasons. Any such access mechanisms would add size and weight to the unit, even if by only millimeters or a fraction of an ounce. For a device where the dimensions literally are measured in millimeters and ounces, this is a genuine concern. Further, the sleek, unencumbered enclosure of the iPod (not to mention size and weight) are some of the main factors that make the iPod so desirable in the first place.
It also didn't help that the initial service response to a bad or old battery was to tell the owner of said unit that the replacement cost would be $250, and that it was just better to replace the iPod. The original website that broke the news had a .wav file of a customer service call confirming this.
And they didn't break any news. They just made a melodramatic movie of themselves vandalizing all of the iPod ads they could find in New York City, and made an untrue claim:
IPOD'S UNREPLACEABLE BATTERY ONLY LASTS 18 MONTHS
Even at that time, the battery was replaceable from several different vendors, and there is no basis to claim, universally, that it "only lasts 18 months".
Only after public outcry did Apple reduce the cost to $100 or so. Some do-it-yourself kits are probably cheaper now.
See http://www.ipodbatteryfaq.com/#18 and http://das.doit.wisc.edu/neistatoriginal.txt to see what kind of people they are.
And even at the time they made their little video, there were already replacement programs out there for as little as $40. In fact, they got one - and managed to break their iPod installing it. That's when they went on their crusade, even though it was already too late: a week earlier, Apple had released a specific battery replacement program for iPod.
The bottom line is that, yes, early on, Apple had no official mechanism to replace iPod batteries. Some of the first iPods were just starting to come out of warranty. Some of them had been used enough that they probably could have used new batteries. Apple should have had a mechanism to replace them. And as of November 2003, over two years ago now, they had one. The service program was planned for at least six months, and the internal business processes were being developed for it. There was no massive public outcry that led them to do this; it was in response to a developing need. Perhaps there were trends of customers calling in asking for replacement batteries, perhaps Apple foresaw a looming issue that needed to be addressed, who knows: but the point is, they responded. And the responded before any public outcry or indeed any real public knowledge of the issue. There is now, and has been for over two years, an official way to replace a battery in any iPod. And since then, the price has but cut almost in half, and the service is available at any Apple Retail location in addition to mail-in. As a bonus, when you use Apple's replacement service, you actually get either a new iPod or an iPod in a new enclosure (with its own service warranty), so if your old iPod was looking a little scratched up you can actually get a new (or like-new) one for just $59.
Not to mention countless mail-in and even do-it-yourself sources of batteries for all iPods, for under $30.
And I must ask: like all OEMs, what if the iPod did have a door, but the Apple-branded replacement battery was still $59? Would that be a problem?
I think it's deplorable that the response Apple has to building flimsy unserviceable products is to sell service/warranty contracts.
You have to pay because they make products that aren't meant to last - I'm actually shocked there isn't more outrage concerning this.
In other words, if you think Apple is bad, every other manufacturer in competitive categories, statistically speaking, is worse, since Apple is statistically the best, in terms of failures and need for service, and so on.
"Hey, you really should buy this extended warranty because this nice shiny thing you just bought will most certainly break".
My sister is on her 4th iPod - a Nano I recently bought her. The thing has a centimeter band in the screen where the LCD doesn't produce an image. This is on a unit that has never been dropped, and gets used in an armband while she jogs.
http://www.macworld.com/news/2005/09/27/nanoscreen/
?This is a real but minor issue involving a vendor quality problem in a small number of units,? Schiller told MacCentral. ?In fact, this issue has affected less than 1/10 of 1 percent of the total iPod nano units that we?ve shipped. It is not a design issue.?
Schiller said that if customers find they have this problem, all they have to do is contact AppleCare and their iPod will be replaced.
I'm glad Apple is taking a few kicks in the nuts. That company could put dogshit in a box and people would lose all feeling in their hands from applauding it. Companies like Microsoft must withstand constant criticism, yet Apple can do no wrong. Well, Apple -can- do wrong, and I'm glad someone is willing to recognize it.
People have said Apple is continually going out of business for the last quarter century, and file class action lawsuits because lithium ion batteries die, and now, because the iPod nano screen scratches. (???) But the really ridiculous thing is that, not only do they want their money back, they want a share of the iPod nano profits, the product they allegedly hate! In fact, it didn't take but a month after the nano had been out for their to be two separate class actions involving the nano specifically!
Apple takes it in the teeth all the time. And as for Microsoft, yeah, it must hurt being the largest, richest, and most powerful company in the world.
Don't get me started about iTMS...
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Originally Posted by UUronL' post='207666' date='Dec 5 2005, 09:18 PM
[quote name='vnod' post='207547' date='Dec 5 2005, 04:43 PM']
[quote name='das' post='206784' date='Dec 3 2005, 08:17 PM']
[quote name='vnod' post='206759' date='Dec 3 2005, 05:18 PM']"Apple Faces Class Action Suits on IPod Battery:
[quote name='das' post='206784' date='Dec 3 2005, 08:17 PM']
[quote name='vnod' post='206759' date='Dec 3 2005, 05:18 PM']"Apple Faces Class Action Suits on IPod Battery:
I have no idea what was said above, but the design left is nice. But, the suit was about Apple making excessive claims about iPod battery life, right? Assuming I am right, what, in relatively few words (as though I have a right to make such a request ), has happended with the suit? Has it been settled, and was, or was not, Apple found to have been making such claims?
I do have a little personal experience with the iPod and it batteries. My iPod battery, soon after purchase, started giving much less play time than it should according to Apple's test specs (but not necessarily shorter than any possible Apple claimed play time). "My" Applestore repaced my iPod on the spot explaining that is was cheaper to do the exchange than to replace the battery. This story is not really meant to imply anything about the above design or anything else.
#37
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Originally Posted by vnod' post='208129' date='Dec 6 2005, 08:22 PM
I have no idea what was said above, but the design left is nice. But, the suit was about Apple making excessive claims about iPod battery life, right?
The only problem is that ALL lithium ion batteries will eventually drop to half or less of their original specified capacity, and eventually die altogether. Lithium ion batteries are only good for around 300-500 charge/discharge cycles and have a lifetime of around 3 years. Now, they don't just drop dead, but many, many factors play into how long they'll last.
Assuming I am right, what, in relatively few words (as though I have a right to make such a request ), has happended with the suit? Has it been settled, and was, or was not, Apple found to have been making such claims?
Welcome to the world of lithium ion batteries.
I do have a little personal experience with the iPod and it batteries. My iPod battery, soon after purchase, started giving much less play time than it should according to Apple's test specs (but not necessarily shorter than any possible Apple claimed play time). "My" Applestore repaced my iPod on the spot explaining that is was cheaper to do the exchange than to replace the battery. This story is not really meant to imply anything about the above design or anything else.
This might not have ever gotten to such a status if the iPods had a battery door and anyone could run to their neighborhood Radio Shack and get a new battery, but after November 2003 (the time Apple started offering battery replacements), this is all really a non-issue. Yes, to use the "official" vendor method of replacing the battery, you do have to send your iPod in. But they overnight you a prepaid shipping box, you drop your iPod in, and a new or like-new (manufacturer-refurbished with new enclosure and warranty) iPod of the same model is returned. Or, you can go to any Apple Retail location.
Or, you can get a battery yourself for under $30 from any of countless online retailers, and replace it it under five minutes yourself. Yes, it's not as easy as a door, but five or ten minutes out of a two or three year life? I don't see how it's a big deal.
#39
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Originally Posted by Ruf930' post='208187' date='Dec 6 2005, 11:10 PM
Lets make an accusation that BMW NA has weapons of mass destruction and take over the company... that seems to be the American way.
Perhaps next is an "oil for food" program, wherein BMW owners whose E60s consume more than a liter of oil every 1000km will get 100 pounds of foodstuffs in return for each liter consumed.
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Originally Posted by Ruf930' post='208187' date='Dec 6 2005, 11:10 PM
Lets make an accusation that BMW NA has weapons of mass destruction and take over the company... that seems to be the American way.
Perhaps next is an "oil for food" program, wherein BMW owners whose E60s consume more than a liter of oil every 1000km will get 100 pounds of foodstuffs in return for each liter consumed.