Apple agrees to settlement in iPod battery class action suit

You know, lots of people complain about the iPod's non-user-replaceable (well, not easily, anyway) battery and its tendency to just plain crap out after while. Then, there are some people who mount a class action lawsuit over it, and it turns out they've actually won a settlement. Apple isn't actually admitting any wrongdoing or misrepresentation, but they have agreed to the settlement, which stipulates that third-generation iPod purchasers who've experienced battery failure during an eligible one-year limited warranty extension (presumably this adds a year to the warranty you normally get) can submit a claim for either an iPod replacement or a $50 Apple Store credit (hmm, no brainer!). Those who purchased a new first- or second-generation iPod on or before May 31, 2004 and who've experienced battery failure within two years can choose between a $50 credit at the Apple Store (retail or online) or a $25 reimbursement check. Anyone with a 1-3G iPod purchased before May 31, 2004 who has already paid for battery-related services under the Apple Battery Replacement Program before June 3, 2005 (hurry!) is eligible for a 50 percent reimbursement. If you qualify as a class member for any of the above, you'll want to go get some more details (peep the Read link), and you'll probably be wanting this:

iPod battery settlement claim form (instructions)

[Thanks to everyone who sent this in.]

[saycheese @ Dec 19th 2005 1:22AM]

Apple deserved a kick in the oranges for intentionally making the battery non-replaceable (at least by the average user).

[Daniel Schulman @ Dec 19th 2005 1:22AM]

this is awsome
too bad apple didnt do this by themselves.
never knew you could sue for that

[Pip @ Dec 19th 2005 1:22AM]

Wonder how this will effect all the other MP3 players as well. I mean, it is common sense that a rechargable battery will eventually wear out, and there are many many many gizmos out there with a non-replacable battery in it as well.

[thegreyfox @ Dec 19th 2005 1:22AM]

don't you know that you can sue for almost anything,(in USA). Same goes for patents....

[Zeek @ Dec 19th 2005 1:22AM]

Shee-it. Whatifitwasagift,huh?

[Borjan @ Dec 19th 2005 1:22AM]

Does anyone know if this will apply to those outside of the US?

[elton @ Dec 19th 2005 1:22AM]

Waht's the likelihood that Apple will be giving out new ipods? Given it appears that Apple is willing to hand out $50 per claim, it seems doubtful IMO they'll issue new ipods.

[Frangible @ Dec 19th 2005 1:22AM]

So will Apple get sued again when the hard drives wear out?

[Adrian @ Dec 19th 2005 1:22AM]

Newsflash... all iPods have horrible battery life. When I take my iPod mini to work it is off usually until lunch break, and when I turn it on the battery level is always at 3/4... and the damn thing had been charging all night and I had not turned it on before. I bought my iPod in December '04.

[pintomp3 @ Dec 19th 2005 1:22AM]

#3. i don't know if the battery they used was in fact of lower quality, but the ipod wore out the battery faster. lower capacity meant charging more often. and since it didn't really turn off, it was always drawing at least a little. it's a no-win situation for apple. if they used a beefier battery, it would make the ipod thicker. if they make it easily replaceable, it would make the ipod thicker. since it's only a few mm thinner than most of the competition, it would lose it's appeal. those who complained should understand that you can't have superthin and instant-on without some sacrifice.

[justathought @ Dec 19th 2005 1:22AM]

#8

I think the idea is that you've sent upwards of $500 (I spent $400 on mine in 2002) on a product that becomes almost unusable (as originally intended) after a year or so because of a weak component. Then consider that it happens to a good number of these products and you've got this class action lawsuit.

I'm definitely going for this to help pay for a new third party battery.

[justathought @ Dec 19th 2005 1:22AM]

#8

I think the idea is that you've sent upwards of $500 (I spent $400 on mine in 2002) on a product that becomes almost unusable (as originally intended) after a year or so because of a weak component. Then consider that it happens to a good number of these products and you've got this class action lawsuit.

I'm definitely going for this to help pay for a new third party battery.

[Bela Lugosi @ Dec 19th 2005 1:22AM]

Crappy battery life is a fair trade off for iTunes compatibility.

[indolene @ Dec 19th 2005 1:22AM]

So, Apple is basically saying that it expects it's product will only last for 2 years. Then you're expected to purchase another $400 iPod? Don't get me wrong, I own one (40gig 4g), but that's not the most emphatic self-confidence from Apple. What I wonder is exactly what percentage of pods were dying? Maybe Apple would be better off just designing things (they are nice) instead of manufacturing them, too. Microsoft does pretty well with that business model ; )

Either they're cutting corners with shoddier parts to save $, or they have serious razor-thin profit margins. It's sad, cause Apple makes cool stuff, and they sue anyone who tries to get too close to what makes them great. If they designed iPods, then had the freakin' free market make the stuff (which means the uber-competition for quality vs. price) we'd be playing our 5-10 yr warrantied iPods that we bought for a hundred bucks.

pipe dream off

[Voidious @ Dec 19th 2005 1:22AM]

#9 - That may very well just be the meter being wrong. I think it's pretty widely agreed that the iPod battery meter is highly inaccurate. The true test is just timing how long it will play continuously on a full charge.

Someone can correct me if I'm wrong, though...

[bt @ Dec 19th 2005 1:22AM]

It's not a fair trade-off if you take your iPod in for hard drive failure, and then you're handed a refurbished model as a replacement. And then that refurbished model's battery fails after only 3 weeks.

[ken52787 @ Dec 19th 2005 1:22AM]

Anyone know if this'll apply for someone who got a free iPod? I have a receipt from Apple that says I bought the iPod for $1.08 (since they made you pay one dollar for it).

[narcos @ Dec 19th 2005 1:22AM]

woah... where'd you get that picture from, and where'd they get all those iPods?

[mikedt @ Dec 19th 2005 1:22AM]

From the yahoo article, Apple didn't get sued just because of bad batteries, but on how they claimed the battery was supposed to last a lifetime.

"In the fall of 2003, eight consumers filed a suit, alleging that the iPod failed to live up to claims that the rechargeable battery would last the product's lifetime and play music continuously for up to 10 hours."

I assume this falls under false advertising?

http://news.yahoo.com/s/ap/20050602/ap_on_hi_te/apple_ipod_batteries

[bobby @ Dec 19th 2005 1:22AM]

why are both sites down? apple conspiracy? i think so... lol they better be back up soon... unfortunately for me i used goof-off on my faceplate and melted the damn plastic on accident, so i'm gonna spend $250 fixing and tricking it out... SWEET! a new ipod to sell would help cover the funds! but $50 credit at the apple store would be ok i guess, cuz apple probably won't give up any ipods.

[Matt @ Dec 19th 2005 1:22AM]

That is a lot of iPods...

[mikedt @ Dec 19th 2005 1:22AM]

and a fire hazard

[jc @ Dec 19th 2005 1:22AM]

#9 all iPods do not have horrible battery life... I only have to charge mine weekly. Without the menu, screen and lights... I get almost 19hrs on a full charge.

Go Shuffle Go... long battery life, instant music, easy file storage and it's super small.

[jay @ Dec 19th 2005 1:22AM]

Re constant charging reduces battery life: My Poket PC is never turned off (just on standby) and is always charging most of the time (at home, at work, in the car), since draining the battery would erase all memory, but I do not experience shorter life.

Re "iPod battery lasts the product's lifetime": maybe apple intended the lifetime of the iPod to be equal to the lifetime of the battery.

[Brian is more than you @ Dec 19th 2005 1:22AM]

So what about those of us with 4G iPods and crappy battery life? Because mine sure as hell doesn't last very long...

[Lars @ Dec 19th 2005 1:22AM]

Well I would try and claim my $50, but there's no way in hell I still have my receipt from September 2003. Lame. Why do they need the serial number AND the receipt? If I put in a valid serial number, how could I possibly be frauding them?

[ron @ Dec 19th 2005 1:22AM]

where the hell did they get that pic? its obviously not photoshopped or anything, so who has that many opened ipods charging at the same time? dont tell me apple store cuz those r all sealed

[robb @ Dec 19th 2005 1:22AM]

so I suppose this doesn't include the ipod mini? bollocks if thats so

[Max @ Dec 19th 2005 1:22AM]

#27: Maybe it's one of those iPod repair shops that people send their iPods off to for 3rd party repairs.

Maybe it's Gianni Versace's house, I hear he has something like 25 of them.

[Andrew @ Dec 19th 2005 1:22AM]

I think it's either Versace or Philip Torrone's place. Though given the non-Italian superdesigner type industrial carpet in the picture, it would have to be Gianni's personal assistant charging them in his basement if it's not PT...

[matt @ Dec 19th 2005 1:22AM]

i <3 minidisc! 40+hrs of battery life on 1 AA battery. c'mon, how cool is that?

[Allan @ Dec 19th 2005 1:22AM]

I just replaced my 10gb 3G battery _last night_ with a 3rd-party battery. I was getting 2-3 hours of playback per overnight charge. Hook me up with $50 bucks!

[CamBob @ Dec 19th 2005 1:22AM]

See, iPods do suck ass... My Jobs thought nobody would notice.

[Knot @ Dec 19th 2005 1:22AM]

"[one] ...can submit a claim for either an iPod replacement or a $50 Apple Store credit (hmm, no brainer!)"

the claim says that the replacement may just be for battery (maybe they'll ask u to send in your ipod to get the batt replaced?)

[CCQ @ Dec 19th 2005 1:22AM]

As a French geek, I was offered an iPod mini in August 2004 and started noticing this battery problem a few days ago...there goes my explanation. Thanks Engadget!!

Now, my concern is that, thrilled by the device, I got myself another 40gig iPod (3G) and get nervous at the thought that it may also become sorta useless in a few weeks?days? seconds? Information on that anybody?

I wonder whether French bashing in the US goes as far as Apple not setting up a similar replacement/coupon solution for us here (well maybe it's just that class actions have not yet entered our legal system really, so why bother?).

To conclude, I'll just say that this battery issue is really the straw that'll make me get rid of Apple (being a PC user, I had given it a try, like u know...makes my point) and buy that naughty Nokia N91 that's been luring me whenever it'll come out.

[doraemon @ Dec 19th 2005 1:22AM]

Wow cool idea to make more money. Smart Steve!

on my creative xen xtra 40gb I can replace the battery by myseft, and on ebay they sell for $25.

[Tweaq @ Dec 19th 2005 1:22AM]

umm what about 4g people??? and do we get the "extended" warrenty thing too? i recently just got my freeipod, and i don't want it crapping out. i thought about "having it conventiantly break" before the warrenty runs out, so i can get a replacement. would that work?

[iband @ Dec 19th 2005 1:22AM]

It should have included the original Mini -- the battery life is horrible -- same battery. The New mini's have the new battery. Bastards.

[Ian @ Dec 19th 2005 1:22AM]

I bought my first ipod the first day they were released and have used it every day since, in my car, in my bedroom, at work, battery charged, battery drained, battery still working -- do I still get 8-10 hours? no. I get 5-6 hours though. Maybe I was just lucky but I know a dozen or more people with ipods of various generations and I have never known of anyone that experienced premature battery failure.

[Trevor @ Dec 19th 2005 1:22AM]

I bought a new battery for my iPod that is rated to last 18hrs (vs 8 originally). It was $15 shipped. Cry me a river, batteries die.

[robcj @ Dec 19th 2005 1:22AM]

It's probably not Gianni Versace, because he's dead. You're thinking of Karl Lagerfeld.

[John @ Dec 19th 2005 1:22AM]

Trevor re: new 18 hour ipod battery for 15 dollars shipped....

link us yo

[otakucode @ Dec 19th 2005 1:22AM]

Nice suit. How much of the settlement went to the lawyer(s)?

[FallN @ Dec 19th 2005 1:22AM]

Wait, this is bull. You have to produce a receipt of an item that many have been pruchased as a GIFT over a year ago?!? That's bullballs and a way to con millions of people that(a) can't find the reciept or (b) received it as a gift so they never got a receipt to begin with!

What garbage! Apple KNOWS this. I mean, the iPod was THE HOTTEST SELLING XMAS GIFT just this past Xmas!! They made their money off the backs of Xmas gift-givers knowing damn well 99.999999% of the receivers aren't going to be handed the receipt along with the iPod!!

And they know that no one will be able to produce a receipt for a 3 year old 1 or 2 Gen iPod! This is a scam!!

[Tweaq @ Dec 19th 2005 1:22AM]

yeah really trevor!! those google adds under the comment box are pretty good. i saw one that had the 4g batts. for $15. yeah $15 shipped or even maybe $20 shipped isn't a big deal to even me (and im poor, got my freeipod) so i could handle that when it dies (and maybe even less, maybe within the 18months the price will keep going down

[ahhhh crap.... @ Dec 19th 2005 1:22AM]

doesnt apple know who bought ipods? when i bought mine they took my info,who would still have their receipt 15 months after they bought it?what if you paid with a gift card?

[Mike D @ Dec 19th 2005 1:22AM]

You can find lots of good class action articles and legal definitions here: http://ww3.definitions-legal.com:8567/class-action-lawsuits.htm

[Tweaq @ Dec 19th 2005 1:22AM]

ok i found CHEAP batteries on ebay. $9.95 + 4.95 shipping. good deal. and the sellers are very reputable, i think i'll have to order one

[DSure @ Dec 19th 2005 1:22AM]

Don't think this got answered earlier: Does anyone know if this case applies to countries other than the US? (namely UK). There's no useful contact details that I can use in old Blighty to enquire. I can't see it just applying to the USA - just think how many iPods have been sold in Europe!

[Jorge Detroit @ Dec 19th 2005 1:22AM]

Of course if you bought you G# ipod late in the game cuz apple was blowing them out for the gen 4 ipods, YOUR SCREWED! Or at least that is what apple is telling me. Anyone have a spare receipt i can use? [e-mail]