More details about Jason Tomczak's class action against Apple for releasing defective iPod Nanos have emerged on The Inquirer's site.In the action, started in a San Jose district court, Tomczak alleges that the iPod Nano's easily-scratched screen renders the display unreadable and thus breaches state consumer protection statutes.
Tomczak alleges that Apple kept on shifting the Nanos even when they knew that there were problems with the design and by failing to recall the MP3 players, the company "passed the expense, hassle and frustration of replacing the defectively designed Nanos along to class members."
The plaintiff alleges that with Steve Jobs whipping the Nano out of his pocket in a TV advert, Apple led consumers to believe the machine was durable.Tomczak argues that even this simple act could lead to a scratched screen, claiming that the resin used in the product was not as thick and strong as in previous iPods.
The plaintiff wraps up his case by alleging that Apple knew about the dodgy quality problems before release but, "fierce competition on the digital music industry" compelled them to release it anyway.
