Monday, January 26, 2009

Court-ordered Notice Re Class Action Settlement: Uncoated Apple First Generation iPod nanos

I received this today and it shocked me when I 1st read the title. But then I realised that it has nothing to do with me since I do not reside in US... :/

So drama-mama man... Almost seems like it came out of a book I read not so long ago - The King of Torts. And so indeed what the author wrote is so real. So uncommon in Singapore but I guess that's life in the US...

IF YOU PURCHASED AN UNCOATED APPLE FIRST GENERATION IPOD NANO, YOU COULD GET BENEFITS FROM A CLASS ACTION SETTLEMENT.
A proposed settlement of a consolidated class action lawsuit affects you if you purchased in the United States a new uncoated Apple First Generation iPod nano (referred to here as the “iPod nano”). These iPod nanos were first sold beginning in September 2005, and have a black or white plastic front and a stainless steel back. Some but not all of the First Generation iPod nanos were uncoated. The settlement will provide cash payments to qualified purchasers. To qualify for settlement benefits, you must have purchased in the United States a new uncoated First Generation iPod nano and experienced scratching of your iPod nano that impaired your use or enjoyment of your iPod nano. The Superior Court of the State of California, County of Los Angeles authorized this Notice. The Court will have a hearing to consider whether to approve the settlement.

Who’s Affected?
You’re a “Class Member” if you purchased in the United States a new uncoated First Generation Apple iPod nano for your own use and not for resale.

What’s this About?
The lawsuit claimed that the First Generation iPod nano contained a defect that resulted in excessive scratching. Apple denies all allegations and has asserted many defenses. The Parties are entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrong-doing or an indication that any law was violated.

What can you Get from the Settlement?
Apple has agreed to provide a cash settlement fund of $22.5 million (the “Fund”). The Fund shall include all payments or other consideration to the Settlement Class; Class Counsel’s attorneys’ fees and expenses; any incentive fees to named Plaintiffs; and all administration costs and costs of notice. To be eligible for a payment from the Fund, you must have experienced scratching of your iPod nano that impaired your use or enjoyment of it. If you did not receive a slip case from Apple when you purchased your iPod nano, you may be entitled to a cash payment of $25. If you received a slip case, you may be entitled to a cash payment of $15. The cash payments to claimants may be increased or decreased depending on the number of claims submitted. There is a limit of one cash payment per iPod nano. Any monies that remain in the Fund after payment of fees and expenses, and after payment of awards to claimants, will be distributed to a charity or charities approved by the Court.

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