Canadian owners of older iPods eligible for $45 refund
Sympatico Tech News is reporting that Canadian 1st and 2nd generation iPod owners might be eligible for a $45 refund from Apple Canada.The company has offered the credit to people who bought a first-,
second- or third-generation iPod before June 24, 2004, as a settlement
to the two lawsuits, filed in Montreal and Toronto. The settlement said
Apple had misrepresented the battery life of the devices. The
plaintiffs, Ines Lenzi of Montreal and Bradley Waddell of Toronto, said
the iPod's rechargeable batteries only supplied three hours of power
rather than the eight hours advertised.The Quebec Superior Court
in 2006 rejected Lenzi's request to certify the lawsuit as a
class-action, but the Ontario Superior Court later accepted a similar
request from Waddell. The settlement must be finalized in court in
Montreal on May 26 and in Toronto on June 20. Apple has also offered to
pay almost $100,000 legal fees and denies any wrongdoing.
Up to
80,000 Canadians could be eligible for the refund, according Montreal
lawyer Philippe Trudel, who represented Lenzi. That would bring Apple's
total payout to $3.6 million.
Owners who qualify for the
settlement will have to spend their refund through Apple Canada's
online store, but will not be able to use it on iTunes content.
'Fair, reasonable, appropriate'
Apple,
in its settlement offer, said the lawyers representing the plaintiffs
believe the offer is "fair, reasonable, appropriate and in their best
interests."
"We encourage people to claim this credit," Trudel told the Montreal Gazette.
Lenzi
had originally asked for $137.77 for a replacement battery, plus
shipping and handling, $50 for inconvenience and $400 in exemplary
damages. The Toronto class-action was seeking $11 million in damages,
plus legal costs.
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Posted at 07:59AM May 10, 2008
by Kevin P McAuliffe in Inform |