After agreeing to settle a class action lawsuit brought by customers of its iPod music player, Apple Computer confirmed the settlement is being appealed. The lawsuit claimed Apple misrepresented the capabilities of the iPodâ€™s rechargeable battery
While Apple representatives did say that they were not appealing the settlement, they declined to comment further.
A notice posted on the iPod Settlement Web site says the appeal was filed on October 24, 2005 in the Superior Court of California, County of San Mateo. As a result, settlement benefits will not be provided unless and until the appeal is resolved. This process, the Web site notes, could take an extended period of time (up to a year or more).
The settlement, which was approved by a San Mateo, Calif. County judge in late August 2005, offered users several forms of compensation including a store credit, voucher, partial compensation for a battery replacement if one has been made already, or extended warranty coverage -- depending on the age of the iPod and the particular circumstances.
The settlement covered owners of first, second or third-generation iPods who purchased their devices before May 31, 2004. For third-generation iPod owners, Apple offered to extend the one-year warranty for a second year. Third-generation iPod owners who submit a claim could either get their battery replaced for free or get a store credit for $50, that can be redeemed at the Apple Store online or at kiosks at brick-and-mortar Apple Store locations.
Consumers who bought a first or second-generation iPod who experienced a battery failure within two years of purchase could get a $50 Apple Store credit, or a check payment of $25. And those first, second or third-generation iPod owners who paid for a battery replacement under Apple's iPod Battery Replacement Program would be paid 50 percent of their costs, according to the agreement.