With the support of Seattle law firm Hagens Berman Sobol Shapiro, Jason Tomczak accuses Apple of violating consumer protection statutes, express and implied warranty statutes, negligent misrepresentation and unjust enrichment.
Filed in US District Court in San Jose California, the lawsuit seeks class-action status, to represent millions of purchasers of the iPod nano since its introduction in September.
The lawsuit points to a TV ad in which Steve Jobs, co-founder of Apple, "is shown using the Nano and specifically removing it from his pocket." It observes: "Seemingly, this television advertisement was designed to tout the durability and convenience, due to size, of the Nano."
By advertising its product in this way, Apple lead its consumers to believe that its little music player was in fact durable enough to put it in your pocket, briefcase or backpack without doing irreparable damage to the device, according to the lawsuit.
Jason's first nano became so scratched within a few days that he could no longer view the screen, he says. But it also had a battery problem, so it was replaced. He took better care of his replacement; but points out that he tested its durability "by rubbing a paper towel on the corner of the Nano face and that alone left significant scratches."
He argues that if you put a nano in your pocket with another object – even the earphones supplied with it – the screen is doomed. He concludes that he (and any other nano owners who join his lawsuit) would not have purchased the gadgets "and/or paid as much for them" had they known the truth.
Jason seeks restitution and/or disgorgement of profits, compensatory and punitive damages, legal costs and interest.
