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iPod battery class-action settlement being appealed

Posted by inet - 2005-11-21

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 iPod̢۪s 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.

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