Apple gets sued over iPod nano scratches

Unhappy iPod Nano customers are taking Apple to court over scratching issues they have experienced with their players. The suit, filed in a U.S. District Court in San Jose, alleges the screens scratch even during normal usage, "causing Plaintiff class members to incur loss of use and monetary damages." The suit is the latest in a string of headaches for Apple over the device. Scratching problems have been the most common complaint from users, although several had screen breakage issues that Apple dismissed as a "quality control issue."

The lawsuit asks for damages including the retail price of the iPod Nano, statutory and punitive damages, and attorney's fees. Furthermore, the class action members want a portion of the Nano's profits.

Apple has repeatedly dismissed the scratching issue. "A few vocal customers are saying that their iPod nano is more susceptible to scratching than prior iPods," the company said previously. "The iPod nano is made with the same high-quality polycarbonate plastic as the fourth-generation iPod."The suit disagrees with this assessment, and suggests that Apple was attempting to profit off of the issue. "Rather than admit the design flaw when consumers began to express widespread complaints about the screen's propensity to scratch easily and excessively, Apple concealed the defect and advised class members that they would need to purchase additional equipment to prevent the screen from scratching excessively," the complaint alleges.

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