iPod users to get $50 voucher in tentative settlement of class-action battery suit

Friday, June 3rd 2005, 8:26 am

By: News On 6

SAN FRANCISCO (AP) _ Andrew Westley had high hopes for his iPod when he purchased the digital music player in 2001 and loaded more than five hours of music for a cross-country flight.

But the music died before the attorney reached the East Coast _ despite claims by Apple Computer Inc. that a fully charged iPod would play continuously for at least eight hours. Disappointed, Westley called a consumer rights attorney and later became one of eight people who sued the computer maker in 2003 over the iPod's battery failures.

As part of a tentative settlement announced this week, Apple agreed to give $50 vouchers and extended service warranties to as many as 2 million customers whose older iPods had batteries that needed to be replaced or didn't fully charge.

``This settlement helps me have confidence again that if I'm going to sink a bunch of money into their stuff, they'll do the right thing,'' said Westley, 45, who also owns an iMac and volumes of Apple software.

Cupertino, Calif.-based Apple confirmed the settlement Thursday but would not comment.

The agreement applies to consumers nationwide who bought versions of the digital music player through May 2004. Last year, Apple changed its iPod and now advertises battery life of up to 12 hours for its 20-gig model.

Sales of the iPod have soared since its debut in 2001. With some versions of the device costing $400, the iPod has been a windfall for Apple.

According to the settlement's terms, people who fill out a claim form are entitled to receive $50 redeemable toward the purchase of any Apple products or services except iTunes downloads or iTunes gift certificates. They can redeem the voucher within 18 months of final settlement approval at any bricks-and-mortar Apple Store or online.

Consumers who had battery troubles can also get their battery or iPod replaced. Apple sells replacement batteries for $99, and it also replaces or repairs defective products that are returned within one year. The class-action settlement, if approved by a judge later this summer, extends the warranty to two years.

Consumers who file a claim must have a receipt.

A judge in California's Superior Court for San Mateo County initially approved the settlement last month and consumers began receiving notifications by e-mail and letters this week. A judge will hold another hearing Aug. 25 to give final approval.

``We think all the terms of the settlement are going to stick,'' said Eric H. Gibbs, a partner Girard Gibbs & De Bartolomeo LLP in San Francisco, which represented several plaintiffs.