also @ TechSpot: Apple's iOS 7 to be "black, white and flat all over"

Apple faces class-action suit over iPod volume

By Derek Sooman

On February 5, 2006, 3:22 AM

Back in court again, Apple is now facing a class action complaint, brought by a customer who claims the company did not adequately warn customers about the potential for hearing loss from using the iPod. It is claimed that, at full volume, the device can damage hearing.

A complaint filed with a California court this week alleged that Apple’s music players were "inherently defective in design" and "not adorned with adequate warnings regarding the likelihood of hearing loss".
The complaint contends that millions of consumers have had their hearing put at risk by Apple’s conduct.

No tags on this story

User Comments: 35

Got something to say? Post a comment
  1. [b]Originally posted by Need_a_Dell:[/b][quote]Oh man. How stupid can people get? I can't believe that it's possible to sue for something so dumb. This makes me think of the lawsuit against McDonalds when the lady sued over the coffee being made too hot. Why is it that people can now sue over the most ridiculous things? Are they going to need warnings on boxes of cereal now saying that it may satisfy hunger? Obviously the iPod is equipped with a volume control. If this guy didn't like it being so loud, we didn't he turn it down a bit?? After this lawsuit, I hope that he goes deaf so that he can never appreciate the mobile music magic supplied by the amazing iPod.[/quote]Two points here must be considered: First, please read the original case about the lady who sued McDonalds and after you know the underlying FACTS, you, like many other people, may feel she was well entitltd to her win.Second, I am a former California attorney (until I turned honest, and that's no joke). Have you noticed how many Class Action and other "questionable" suite are filed in California? Why? Well, in a Class Action suit, the only real winners are the attorneys who can get literally millions of $$ in fees while each individual plaintiff and/or Class member may get only pennies or maybe in the iPod case, credit for 1 or two songs downloaded or $3.00 off their next iPod/Apple purchase. And often defendants in Class Action suits settle because of the cost of fighting the suit and the fear that if there is a germ of "truth" in the underlying reasoning for the suit, they could lose with a jury or even a judge.Just some information to consider as you will and give the weight you want.Many Class
  2. [b]Originally posted by Didou:[/b][quote]I've got dibs on Creative.[/quote]hahahahahaaaa.....yeah i agree with everyone that this is a silly lawsuit and while i dont have the natural instinct to sue for everything i applaud the people out there who make sure that everything in our lives come with a warning label. nintendo now makes u press start before the start of any game because they got sued, now i think its sony's time and maybe ill hit up microsoft next year.
  3. I cant wait till the day, when to buy a simple electronic, you must fill out a 15 page contract, stating you know the risks, and why it is bad to attempt to shove up the nose etc.
  4. Here's to hoping the Judge has enough sense to throw this case right out on it's ear...And here's to hoping they slam the plaintiff with the defendants legal bills as well. Ridiculous court cases like this waste everyones time and energy, it's not what the legal system was designed for.
  5. hmm Apple's stock has already fallen 6.61% possibly due to this lawsuit, so it may have some credibility[Edited by Agent_J on 2006-02-06 13:59:59]
  6. Just noticed: even my new DVD player includes a warning for possible hearing loss :[quote]Selecting fine audio equipment such as the unityou’ve just purchased is only the start of yourmusical enjoyment. Now it’s time to consider howyou can maximize the fun and excitement yourequipment offers. This manufacturer and theElectronic Industries Association’s ConsumerElectronics Group want you to get the most out ofyour equipment by playing it at a safe level. One thatlets the sound come through loud and clear withoutannoying blaring or distortion-and, most importantly,without affecting your sensitive hearing.Sound can be deceiving. Over time your hearing“comfort level” adapts to higher volumes of sound.So what sounds “normal” can actually be loud andharmful to your hearing. Guard against this bysetting your equipment at a safe level BEFORE yourhearing adapts.To establish a safe level:• Start your volume control at a low setting.• Slowly increase the sound until you can hear itcomfortably and clearly, and without distortion.Once you have established a comfortable soundlevel:• Set the dial and leave it there.Taking a minute to do this now will help to preventhearing damage or loss in the future. After all, wewant you listening for a lifetime.We Want You Listening For A LifetimeUsed wisely, your new sound equipment willprovide a lifetime of fun and enjoyment. Sincehearing damage from loud noise is oftenundetectable until it is too late, this manufacturerand the Electronic Industries Association’sConsumer Electronics Group recommend you avoidprolonged exposure to excessive noise. This list ofsound levels is included for your protection.DecibelLevel Example30 Quiet library, soft whispers40 Living room, refrigerator, bedroom away from traffic50 Light traffic, normal conversation, quiet office60 Air conditioner at 20 feet, sewing machine70 Vacuum cleaner, hair dryer, noisy restaurant80 Average city traffic, garbage disposals, alarm clockat two feet.THE FOLLOWING NOISES CAN BE DANGEROUSUNDER CONSTANT EXPOSURE90 Subway, motorcycle, truck traffic, lawn mower100 Garbage truck, chain saw, pneumatic drill120 Rock band concert in front of speakers,thunderclap140 Gunshot blast, jet plane180 Rocket launching padInformation courtesy of the Deafness Research Foundation.[/quote]
  7. [quote]This is actually a legitimate claim. If apple does not settle they will more than likely lose this case. Dont forget McDonalds lost their case for not labelling their coffee as HOT.[/quote]You sound like a lawyer. Heheh, I couldn't resist! I think the lawyers will be the winners here, on both sides of the fence. For one thing, Apple will probably settle because they don't need the bad publicity. However, I think this lawsuit is another bogus claim made by ignorant people who refuse to take responsibility for their actions and consequences. It's called causality people, when you do stupid things, you get stupid results.
  8. Give the plaintiff some credit :-) He's not sueing because he's stupid, he's sueing because he's greedy.
  9. [b]Originally posted by John Staerck:[/b][quote]Give the plaintiff some credit :-) He's not sueing because he's stupid, he's sueing because he's greedy. [/quote]He might be stupid...anyone know different?
  10. [b]Originally posted by canadian:[/b][quote]I cant wait till the day, when to buy a simple electronic, you must fill out a 15 page contract, stating you know the risks, and why it is bad to attempt to shove up the nose etc.[/quote]And toothpicks will have instructions for use as Douglas Adams predicted

Recently commented stories

Post a new comment

Social Login & Guest Posting TechSpot Members
Login here or sign up for free,
it takes about a minute.
Get complete access to the TechSpot community. Join thousands of technology enthusiasts that contribute and share knowledge in our forum. Get a private inbox, upload your own photo gallery and more.
TechSpot on:

Subscribe to TechSpot

Get free exclusive content, learn about new features and breaking tech news.