Seattle-based lawyers in the USA Hagens Berman Sobol Shapiro (HBSS) are trying to mount a global class-action lawsuit against Apple following the iPod Nano 'scratch scandal'.
Hagens Berman Sobol Shapiro (HBSS) said that they would represent anyone including Australians. Yesterday they filed a parallel complaint from UK resident Ben Jennings. The lawsuit was filed with the US District Court for Northern California. Jennings claims he bought a Nano in September but despite treating the screen "extremely cautiously" it became "so marred with scratches it became hard to read", according to HBSS. How long did it this take? Within a week, the plaintiff claims.
"If I had known the truth about the problem, I never would have purchased a Nano," said Jennings via his legal representative.
The "truth" in this matter, as stated in the original HBSS complaint, filed with the US District Court in San Jose, is that the Nano is endemically faulty thanks to a "defective design", and that Apple knew as much but chose to release the product anyway and hide the fault from consumers. The fault, it's claimed, allows the screen to become badly scratched even through "normal" use. So, at least, allege the plaintiffs' HBSS is representing, who are seeking recompense. HBSS said Jennings, who is not a US resident, can nonetheless seek restitution through the US court because Apple is headquartered there. The lawfirm also said it had filed a complaint on behalf of a Mexico resident, though it did not provide further details. They also said that "We will listen to any national who has a complaint irrelivent of where they live as Aplle can be sued in the USA".