Louisiana iPod decibel Lawsuit

http://www.cnn.com/2006/LAW/02/01/ipod.suit.ap/index.html
I recently saw this lawsuit report on the CNN website. Now my opinion is that if you are silly enough to crank your ipod up to the point that you are injuring your hearing then you probably shouldnt be a ipod owner. However since having people take an IQ test before they buy an ipod is just as silly I think another approach is called for. I wonder how difficult it would be for Apple to program into the iPod that when it is turned up beyond a certain level that a warning would appear on the screen. Maybe that warning should be something to the effect of "your going to go def doing this", or maybe "this isnt a good idea", or maybe "hearing loss immenent!". Either way... sueing Apple because your ipod made you def is a lot like suing BMW because your gas pedal allowed you to get a speeding ticket.
Long Live the iPod!

You had to submit a claim form by September 30, 2005.
http://www.ilounge.com/index.php/articles/comments/apples-ipod-battery-settlemen t-explained/

Similar Messages

  • Does Creative have an answer to the iPod Nano? (or possibly a lawsuit for using that nam

    Mini and Micro didn't clash as much as Zen Nano and iPod Nano do... Any lawsuits? Or can that not be possible for some reason?
    Back to my main question: I know, I always seem to post about whether or not Creative is doing something that others are doing... but I love Creative's products and I want to see more from them. Better quality products, especially.
    Creative has HAD Flash-based players for a while... But they have few that are rechargable (MuVo X-trainer and Slim are the only I can think of) and none of those in the US (for sale currently) are over 52MB. Apple has just released quantities of TWO and FOUR GIGABYTES! Creative's largest is ONE GB for the Zen Nano and MuVo Micro (both require AA batteries or something... I'd prefer recharagable.)
    So is Creative going to release any 2 or 4 GB Flash based players any time soon? I prefer them... Especially after my unfortunate incident with my original Zen and Creative's pitiful American support (in Ohio or some place).
    I want to replace my 52MB X-Trainer with a rechargable flash player with a larger capacity. I'd love to have a 4 GB flash player. I'd really love it for $250 (apple's price for the iPod Nano). You might ask why I don't just get an iPod Nano (the black actually looks kind of neat, come to think of it.) I don't get one because I use Windows and I prefer WMA to MP3 and whatever AAC thing the iPod uses. Perhaps if I had a Mac and iTunes was the only choice for online music for my system... Then I'd definitely get an iPod. But with Windows, I'd prefer to just use one of the many online shops that sell WMAs.

    "Creative has HAD Flash-based players for a while... But they have few that are rechargable "
    When using a player that takes a AAA battery, just use a rechargeable AAA.
    "Apple has just released quantities of TWO and FOUR GIGABYTES!"
    Yes, however they aren't practical for many people since they aren't compatible with Yahoo's unlimited music service. Many people would rather get a Zen Micro or Sleek and pay $60 a year to Yahoo to fill up their player with music rather than pay over $,000 to Apple to fill up their 4 gig player with music at 99 cents a song. With the Yahoo service, one can also change the music in their player without additional cost.
    "Creative's largest is ONE GB for the Zen Nano and MuVo Micro (both require AA batteries or something... I'd prefer recharagable."
    With Creative's Nano and Nano Plus, one can use a rechargeable AAA battery. Rechargeable AAA batteries are great since most chargers can charge 4 at a time. Four nimh AAA rechargeable batteries and a charger can often be purchased for under $20.
    With the ipod Nano, once the charge in the built in battery runs out, one can't listen to it until it is recharged. With the Creative Nano Plus, one just switches to another battery(remember I just mentioned how AAA nimh batteries can be conveniently charged 4 at a time?). Taking an ipod Nano on a long trip would be annoying. While the player is small, the notebook computer one would need to carry with it to recharge the player is quite large. I would much rather carry a few extra AAA batteries than a notebook computer(I as many others don't even own a notebook computer).
    "I'd love to have a 4 GB flash player. ."
    I would also love to have one, but only if it is compatible with Yahoo Music Unlimited, uses a AA or AAA battery, and has a built in radio. That rules out Apple's players on three counts.

  • How many decibels can the iPod Shuffle (4th generation) go up to?

    Hi! How many decibels can the iPod Shuffle (4th generation) go up to?

    Hi pce55,
    If you have questions about iPods and sound or decibel output, you may find the following pages helpful:
    Apple - Sound and Hearing
    Q. How can I set the Volume Limit on my iPod to a specific decibel level?
    A. The Volume Limit setting lets you change the maximum output of your iPod’s headphone jack. The actual sound pressure level that you experience depends on several factors: the music you’re listening to, how it was recorded and encoded, the type of earbuds or headphones you use, and their placement in your ears.
    Apple - Sound and Hearing FAQ
    Regards,
    - Brenden

  • Hello, I would really like to know how many decibels does an iPod 5/iPhone 5 capture with its microphone?

    Hi, I would like to know the amount of decibels (dBA) an iPod 5, iPhone 5 and iPad 3 (and newer) can capture with its microphone. Thanks

    Right, I finally managed to get it sorted out.
    iCloud only accept version 3.0 vcards, and the one I was using were version 2.1 so that's why it wasn't picking it up. So the easy way to get that sorted out is, use a gmail account.
    I know you don't wanna do it because you think it's too much hassle and stuff, but trust me it only takes 5 minutes and that's it.
    1. Create a Gmail Account.
    2. Export your Old VCard files to the Gmail Account.
    3. Now Import them from Gmail to your PC again.
    And, that's it, that's just makes the new imported version in 1 file contains your all contacts in version 3.0. Now you can just upload that on icloud and then sync it with your iphone.
    That's what I did and it worked, and I am sure if you wanna replace this file in the Contacts folder under your User Account in Windows and then try to sync Contacts in Tunes, it should work, but as I said, I did it with iCloud and it worked for me. So aye, that's pretty much it. Phewwww..
    Been searching for it for the whole day and it took 5 minutes in the end, badass...
    Anyway, don't lose hope and always Google for everything!

  • Decibel display modification to upcoming iPod models?

    This is actually a personal recommendation for apple on their next generation iPods. I have been hearing about the disadvantages of listening to a mp3 player for the last 5 years or so. There is all this junk going on about this and I wanted to make the recommendation to Apple. Inc. to program their next generation iPods and later to have some kind of decibel along with the volume controls. By doing so, the person would actually know their limits and prevent hearing damage later on down the road. I have been enjoying listening to iPods since I was 14 when they first came out(2001). From my experience, the sound quality is outstanding on my newest addition, the iPhone 3g. With that being said, if there was that decibel display I was talking about, It would make more people aware of the dangers of playing music at eardrum blowing levels. If you happen to agree, post up some comments about this recommendation.

    Here is the iPhone feedback link, which ensures that your feedback is forwarded to and read by the appropriate Apple personnel, but does not ensure that your request will be implemented.
    http://www.apple.com/feedback/iphone.html

  • IPod lawsuit

    Hello,
    I was just wondering about something. I read a while back Apple issued some sort of $50 gift card or battery replacement option (I believe) *following a class aciton lawsuit for Apple customers who had purchased Ipods and were told the battery life was significantly higher than the actual life.* Well I own an Ipod third gen, I believe (has the 4 four "buttons" across the top above the wheel) and was given to me as a birthday gift back in 2004. *I never received said gift card or replacement option and wondered if anyone knew of a way, or a person to contact, so that I can get this.* My iPod battery has always been lesser than what I thought should be and I only recently started to use my ipod again. I used it for about 6 months after I got it, and then it literally sat on my computer desk for several years before using it again (I used several of my cell phones with built in MP3 players to listen to music).
    Any help would be appreciated. Thank you!

    You had to submit a claim form by September 30, 2005.
    http://www.ilounge.com/index.php/articles/comments/apples-ipod-battery-settlemen t-explained/

  • Ipod class action lawsuit

    Locked by an Apple Discussions Host
    Original question has been answered.
    any information on how to receive the benefits of "fitting the bill" involving apple's battery life issues with the 3G ipods? i sent in the application a few months ago and i havent received anything back from them. What do i need to do to have the free battery replacement

    According to Gerard & Gibbs (the firm that filed the suit)
    "The California Superior Court granted final approval of settlement on August 25, 2005. Under the terms of that order and settlement, Apple is not required to begin the process of fulfilling claims until the judgment and order in the case is final, which occurs only after the time for appeal expires and no appeal is filed or, if an appeal is filed, after that appeal is resolved by the California Court of Appeal. On October 24, 2005, just prior to expiration of the appeals period, two individuals filed an appeal from the judgment and order approving the settlement. As Class Counsel, we are in the process of responding to that appeal, which we believe to be without merit. However, until that appeal is withdrawn, dismissed, or resolved by the Court of Appeal, Apple cannot be legally required to begin the process of fulfilling claims, or pay Class Counsel's attorneys' fees and expenses. We are working as diligently as possible to have this appeal dismissed and/or resolved by the California Court of Appeal. We sincerely appreciate your patience and will update our website at www.girardgibbs.com with further information as it becomes available."
    We are all in a holding pattern for up to a year or more per http://www.appleipodsettlement.com/index.html
    Nikki

  • IPod lawsuit reimbursement

    I remember apple recieving a class action law suit on account of their batteries.. and all users who bought a 3rd gen. ipod before April 30th 2004 (or some similar date), were entitled to either a battery or ipod replacement if they sent out a form.. I sent out my form back in early june.. and i really haven't recieved any new information with this.
    anybody know whats going on with this and how i can get a new battery or ipod? Do I have to contact someone, go to an apple store, or just wait for something in the mail to come in?

    http://www.appleipodsettlement.com/index.html

  • A Variety of iTunes 7 and ipod 5g questions...

    I've recently purchase a new 5g 80gb iPod. (replacing my 60gb photo). I installed iTunes 7 with a fresh installation of windows xp. Copied all my music back on to my new iPod without to much trouble. but....
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    It asks me to register my iPod every time i plug it in. When i log into my apple id, it brings up my addy info. I live in Canada and changed it to the correct country, but it won't recognize my postal code. No matter how i put it (with a space, without a space, capital letter, lowercase). The error i get is at the top is "The postal code you entered is not valid for [?]" It's not a huge thing, just annoying. So i registered my iPod through the apple website, and it still asks me to register. I've clicked "Never Register" and it still asks me... Annoying.
    Sound Check (in iTunes, not the headphone check one on the iPod):
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    Gapless:
    With iTunes 7, the option to whether tracks are part of a gapless album is now available. Does this mean there's true gapless support for the iPod? This is feature number 1 on my iPod wishlist (and many others) and my iPod "why the f**k have they not done this yet?" I've tried playing around with a bunch of albums and tracks, and sometimes it feels like gapless and other times not at all. Goddamnit apple, WHY will you not release proper full support for gapless?!
    Album Art:
    If you set iTunes 7 to automatically download album art, does it embed the image in the music files like when you add them manually? I copied an album to my roomates computer which had iTunes apply the artwork, but on my roomates computer, it showed up in iTunes without the album art.
    Volume 60gb 5G vs 80gb 5G:
    My roommate bought the 60gb video last winter, and i've done a comparison with the same song and headphones, has anyone else notice or if this is true, but my roommates max volume is louder then my 80gb video. We though it might have been apples attempt to extend the battery life. Also that and the max vol limiter in the iPod settings might have something to do with the lawsuit. (this is all speculation on our part)
    Thank you for the time and patiences. I'm your typical newb so if you have some links, faqs, whatever to point me in the right direction.
    - tcb

    i'll have a go at this one:
    Registering:
    It asks me to register my iPod every time i plug it in.
    with that symptom, it's worth checking on this possibility:
    Windows confuses iPod with network drive or hard drive and may keep iPod from mounting or songs may seem to disappear

  • "medical id" is missing from my health app on my iPod touch 5th gen running iOS 8

    Along the bottom of the health app on my iPod touch 5th gen running iOS 8 I am missing the "medical id" that should be the 4th icon on the lower right of the screen

    You can't seriously believe users would be *that* idiotic, even on a sue-happy country like the US… And while Apple could get sued, it's not like Apple Legal would lose a case like that; for someone to die in the first place *because of the iPod Touch*, first-responders (be them regular bystanders or medical professionals) would have to be stupid enough to believe they could use it to make calls and not try doing that using instead, duh, a regular phone that they would likely be carrying with them anyway, and for Apple to be in the least bit accountable, the interface would have to misdirect them and make them believe they could in the first place.
    Except it doesn't. It never did. The iOS interface, on the iPod Touch, has no references whatsoever to calling functions, be they regular or emergency-related. If you tap a phone number detected by smart filters, you can't dial it (I believe you're offered the option to save it on the Address Book, though), and on the lock screen, there is no “Emergency Call” function (nor would there be such a function on the Health ID page, either). So… I fail to see your point.
    And you can't seriously believe Apple would risk, on purpose, a lawsuit by the family of someone who, having both an iPhone *and* an iPod Touch (not very likely, I know, but please bear with me) dies because s/he is carrying only the iPod Touch and unwittingly (but understandably) expects *all* Health and the potentially *life-saving* Health ID info to sync across devices via iCloud.
    Nope, this is an oversight by Apple devs, and a massive one at that.
    P.S.: A massive legal/functional disclaimer, such as “Warning: This device cannot connect to the cellular network. For emergency calls please use an appropriate device” or something along those lines would pretty much exempt them from any legal responsibility, while still enabling a life-saving feature.

  • Connecting an iPod nano (3rd generation) to Windows Vista

    I have purchased an iPod nano (3rd generation) and I tried to connect it via USB to a Windows Vista Enterprise Laptop. Even though the iPod is connected (as it appears on the iPod screen), Windows fails to locate the driver to install it. I have tried several articles found in the discussions forum, reseting the iPod nano, re-installing iTunes, and rebooting Vista, but no solution given.
    Please advise.
    Thanks

    Have not been able to connect to iTunes for months, right about the time Microsoft put out the Zune! Would love to hear from a lawyer about a class action lawsuit againat Apple since this issue has not been resolved and we are required to use iTunes. In the meantime, filing a complaint with the Federal Trade Commission!

  • Ipod Nano Laws

    Lawsuit claims iPod Nano scratches easily
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    <B>PHILADELPHIA, Pennsylvania (Reuters) -- Apple Computer Inc. faced a lawsuit that alleged the company knew its Nano portable music player was defecti've but still decided to press on with the product's release last month.</B>
    The credit card-sized Nano, which replaced the best-selling iPod mini and is smaller than the traditional iPod, met with rave reviews. But users quickly started grumbling on Internet message boards that the device's screen scratches too easily.
    Consumers have filed a proposed class action lawsuit in San Jose, California, on Wednesday, claiming the Nano scratched "excessi'vely during normal usage" and alleged Apple released the product knowing the problems and led consumers to believe it was durable -- forcing them to shoulder the cost of replacing defecti've music players.
    The complaint blamed the Nano's defecti'veness on the film of plastic resin that covers it to protect it from damage. Previous versions of the iPod were coated with thicker and stronger resin, the suit said.
    "Rather than admit the design flaw when consumers began to express widespread complaints ... Apple concealed the defect and advised class members that they would need to purchase additional equipment to prevent the screen from scratching excessi'vely," the complaint said.
    A spokesman for Apple, whose main offices are in Cupertino, California, could not be reached for comment.
    Sales of iPods account for nearly a third of Apple's total sales, and the company has a share of about 75 percent of the U.S. market for all MP3 players. The company's shares, which have soared thanks to overwhelming demand for iPods, hit a new 52-week high of $56.98 on Friday.
    Apple admitted in late September that some iPod Nano screens cracked too easily, but blamed that separate issue on vendor quality problems and said it had occurred in less than one-tenth of percent of the Nano sold at that point.
    The plaintiff named in the California lawsuit, Jason Tomczak, bought a Nano in September that he said quickly became so scratched he could not view the screen.
    Apple replaced that device because of a battery problem, but the complaint said the replacement Nano also became so scratched that Tomczak decided to return it.
    The lawsuit will require a judge to grant it class action status. Because Tomczak and other complainants were required to pay a $25 fee to return the Nano, the suit seeks the return of those fees along with the device's original cost and several other forms of damages.
    The suit, filed by law firm Hagens Berman Sobol Shapiro LLP, said Apple has "failed to remedy the problem in any meaningful way" and claimed Apple deleted postings on its Web site that relate to the scratching problem
    Message Edited by Jason-CL on 0-25-2005 02:53 PM

    Go Here  >  http://www.apple.com/support/ipod/
    Then Click on which iPod it is... From the Support Page choose  How To

  • Found solution for connection problems iPod Nano 3rd gen to Windows Vista!!

    Hello people!
    I just found a solution to connection problems with iPod Nano 3rd generation when connecting it to a Windows Vista machine.
    Because of 'security reasons', Vista asks you to check the drive for errors when connecting the iPod.
    The thing to do here:
    Click the cross to exit the windows; DON'T CLICK 'do not check drive'!!!!
    So just click the red cross to close the window and the iPod should be recognized by iTunes.
    Symptoms:
    - iPod cannot be recognized by iTunes when you connect it.
    - iPod doesn't show up as a drive in Windows Explorer.
    I really really hope I solved your problem. Have fun!
    Jasper

    Have not been able to connect to iTunes for months, right about the time Microsoft put out the Zune! Would love to hear from a lawyer about a class action lawsuit againat Apple since this issue has not been resolved and we are required to use iTunes. In the meantime, filing a complaint with the Federal Trade Commission!

  • 1st gen iPod became a paper weight after last update

    For the last couple of months, I've posted and read all posts, visited the Apple store three times to check in with the Geniuses, have emailed Apple with feedback, have upgraded and downgraded systems with different OSX versions, have tried 8 different Apple computers including desktops, powerbooks, and mac minis, have tried several PCs as well, have followed pretty much every direction posted here as suggestions to make my 1st generation iPod (5Gb) appear on my desktop. So far, I've been unsuccessful making my iPod one very expensive paper weight.
    Apple, please acknowledge there is a problem... I've been to the Apple store geniuses (three different Apple stores) and they have failed to even recognize this as a problem, at some points even hinting I should just exchange it for a newer model... my iPod worked fine before the last iPod updater... and it works fine with the information it has stored now... but all the functionality I bought it for is gone... no transfers to iTunes, no updating my music, no disk mode, no file storage, etc. etc.
    I've been an Apple user since the Apple II, have had innumerable apple systems, have recommended whole colleges and universities and other institutions in the US and abroad to switch to Apple... but now... I am starting to ask myself if Apple pays attention when there's a class action lawsuit at their door. I am starting to believe, unfortunately, that this may be the only (and last) resort left for a loyal customer to at least be heard...
    As I have found out, I am not alone in this problem. Many users have in fact reported similar problems (just look at the many posts here). I don't expect magical solutions... but at least Apple should acknowledge a problem to its customers through it support channels... these forums, genius bars, etc... And of course, I only want to restore the original functionality of the machine. No one has ever talked about upgrading the iPod in any way or form... but when you go back as far back as OSX 10.0 and OS 8, going through all the different systems in between, all different iPod updater versions, and it still fails to mount then you have to ask what was in that last software update that completely made this iPod unrecognizable. I am aware that different users may have had different experiences with this problem, but I have also found that there are many that share this frustration.
    Apple... please help. Please.

    Just thought I should post what I have tried so far with no luck...
    - Deleted the ktext file, as noted elsewhere.
    - Reset the iPod, many times, the menu + play option
    - Also reset the iPod through the following (undocumented, I believe) key strokes... same menu + play, and then immediately press back(left) arrow, forward(right) arrow and select button... this will launch a diagnostics routine... where you can run many different tests... including a Firewire port test (which it passed), a reset, screen, etc... (Use at own risk...)
    - Charged the iPod via the external charger (not the firewire ports of computer) before resetting, and plugging in the computer.
    - Used a Firewire Cardbus controller card on three different PowerBooks instead of (and in addition to) the Firewire port in those computers... this could have been a solution, since the Cardbus card I have is not capable of providing bus power and it has two Firewire ports... but no luck either.
    - Have tried many different iPod updaters, but in none of them the iPod even mounts or is seen, and the menu items update or restore are greyed out. (this includes all 2003, 2004, and 2005 iPod updaters supplied by Apple, including the one introuduced in November 2005)
    - Left computers without connecting the power plug, in some cases overnight, and certainly more than 30 minutes.. .for PowerBooks, also took the batteries off... as stated in other posts... no luck either.
    - Have tried all these in many different Macs... including: PowerMac 8500 with firewire card running OS9.1, OSX 10.2. Quicksilver 733 running 10.3, Gigabit Ethernet Dual 450 running OSX10.3, Gigabit Ethernet Dual 500 upgraded to Dual 1.2 Sonnet running 10.4.3, (downgraded to 10.0, and then through all updates up to 10.4.3 with no luck in neither of those OSXs), eMac running 10.2, iMac G4 running 10.3.9, PowerBook G3 Lombard running OS9.2.2 and OSX 10.2, PowerBook Pismo running OS 9.2.2 and OSX 10.3, PowerBook G4 Ti 1Ghz, running OSX 10.4.3, PowerBook Al 12" 1.3Ghz running 10.3.9 and upgraded to 10.4.3, PowerBook Al 15 1.67Ghz running 10.4.3. I also tested it on two Pcs, one running XP SP2, and the other running XP.
    - Tried 8 different FireWire cables, including 4 bought at Apple stores.
    - Can't get the iPod to go to disk mode either
    Due to the different configurations of systems, software, and hardware, it is very unlikely that it is a problem outside of the iPod itself. This problem, in my case, started after I installed an update to the iPod in combination with iTunes 5.01. That leads me to believe that there is something in the code of the update that disabled the Firewire port (not completely, since it seems to charge over firewire, but no software or harddisk utility supplied by Apple or third party vendors "sees" the iPod when its connected via Firewire).
    The fact that the iPod still works and plays the music I had then, (although I am not sure if the files other than music that I had stored there, which are the ones I really need to get out of it now, are still there, since I can't get it to go to disk mode) discards many other hardware failures such as a bad hard drive, etc.
    If that update that disabled the Firewire ports in some iPods was only intended for the newer machines (which incidentally don't have FireWire ports - and I mention this because some users have had some success when connecting their iPods via USB, not Firewire, a luxury older iPods don't have) - it was never stated. In fact, even the new iPod updater released on November 2005 states (pretty much the same as all others) that it includes changes for certain iPods but for all others it just installs some older version of the firmware with no changes...
    Sooo.... Apple ... .I know this is a tricky one, otherwise you would've already come up with a fix... .but please, acknowledge the problem, and state us if you're working on a solution or if we have to start planning on buying a new iPod... (which of course we shouldn't be forced to... )

  • Apple iPod Nano replacement program - question

    Hello, Apple community,
    I have a question about the new replacement program of the iPod nano 1st gen.
    The program doesn't state whether or not you get a refund or a new iPod nano (the small squared once with touch screen).
    The program says that you'll get a replacement iPod Nano, but isn't very specific if it is the new generation.
    I apologise for any spelling mistakes and such.
    Thank you for any answer,
    Pool313

    Hi lindsayfromspencerport,
    I can say it is not a scam - Apple is definitely replacing the iPods.  Once I read the article and went to apple.com, that proved it.  Apple.com would never risk another class action lawsuit over this iPod.
    My First Generation iPod was given to me at work for being the winner of a give-away drawing and about a year or so ago it overheated and erased all the info on the iPod.  Now it will only charge and drain the battery.  It no longer allows me to store any thing on it.
    I am glad that Apple is doing this exchange.  I thought I was just out of luck and was glad I had not paid full price for it.  I love my Nano and used it constantly!!!
    Just send your's in using the box and label they send you and give them 6 weeks like the apple.com website says, Apple will make good on their product.  Millions of people don't stand in line and wait weeks/months for their new products to arrive for no reason, trust me.  Oh, by the way, I know this for sure.....I work for a wireless phone service that has been dealing with Apple for Yearsssssssssssss.....and every year the same thing.  People will give anything to get a product with that apple on it. 
    Knightmanxx

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