14 DAY TRIAL // Following two class action lawsuits concerning iPods with underperforming batteries, Apple Canada Inc. is offering $45 credits to Canadian residents who own a new first, second or third-generation iPod purchased before June 24, 2004.
The settlement includes payment of legal fees, the Montreal Gazette reports, as a result of two iPod owners suing the Cupertino-based electronics manufacturer because their rechargeable batteries couldn't power up their iPods for more than three hours, in the second year of use. Apple had advertised the respective players' batteries as being able to last for eight hours between recharges.
The same piece reveals that the Quebec Superior Court denied class-action certification to Ines Lenzi, residing in Montreal, while Toronto's Bradley Waddell saw his suit accepted by the Ontario Superior Court, prompting Apple to agree to a settlement covering both claims and take the appropriate steps.
"As many as 80,000 Canadians could be eligible, including 11,310 Quebecers," said Montreal lawyer Philippe Trudel, according to the aforementioned source, who represented Lenzi. However, the same report reveals that "the $45 offer is considerably less than the amount sought by the Montreal plaintiff. Lenzi initially asked for $137.77 from Apple for a replacement battery, plus shipping and handling, $50 for inconvenience and $400 in exemplary damages."
The deal has to be finalized in court in Montreal on May 26 and in Toronto on June 20, the same report says. Apple's compensation stands as usable credit at Apple's online store.
But these are not the only class-action lawsuits filed against Apple in Canada, the same source reveals. Montreal law student David Bitton is suing Apple Canada for less than a hundred dollars, claiming his new iPod Nano has 7.45 gigabytes of memory, contrary to the eight gigs advertised by Apple.
Bitton's lawyer is seeking a full refund or, in case they fail, a 7.5-per-cent refund of the iPod's original purchase price ($220), and $75 in damages.