Apple Lawsuit – not spam

Last night I recieved the following email:

To obtain the documents you need to learn more about the settlement, make a claim or exclude yourself from the settlement, go to www.iPodnanoSettlement.com or call 1-888-232-3395.

Your Control #: XXXXXXXXXXX

You will need your Serial # to make a claim. By keeping this email and providing your Control # (shown above) when you request your Claim Form, you will receive a personalized Claim Form.

IF YOU PURCHASED AN UNCOATED APPLE FIRST GENERATION IPOD NANO, YOU COULD GET BENEFITS FROM A CLASS ACTION SETTLEMENT.

A proposed settlement of a consolidated class action lawsuit affects you if you purchased in the United States a new uncoated Apple First Generation iPod nano (referred to here as the “iPod nano”). These iPod nanos were first sold beginning in September 2005, and have a black or white plastic front and a stainless steel back. Some but not all of the First Generation iPod nanos were uncoated. The settlement will provide cash payments to qualified purchasers. To qualify for settlement benefits, you must have purchased in the United States a new uncoated First Generation iPod nano and experienced scratching of your iPod nano that impaired your use or enjoyment of your iPod nano. The Superior Court of the State of California, County of Los Angeles authorized this Notice. The Court will have a hearing to consider whether to approve the settlement.

Who’s Affected?

You’re a “Class Member” if you purchased in the United States a new uncoated First Generation Apple iPod nano for your own use and not for resale.

What’s this About?

The lawsuit claimed that the First Generation iPod nano contained a defect that resulted in excessive scratching. Apple denies all allegations and has asserted many defenses. The Parties are entering into this settlement to avoid burdensome and costly litigation. The settlement is not an admission of wrong-doing or an indication that any law was violated.

What can you Get from the Settlement?

Apple has agreed to provide a cash settlement fund of $22.5 million (the “Fund”). The Fund shall include all payments or other consideration to the Settlement Class; Class Counsel’s attorneys’ fees and expenses; any incentive fees to named Plaintiffs; and all administration costs and costs of notice. To be eligible for a payment from the Fund, you must have experienced scratching of your iPod nano that impaired your use or enjoyment of it. If you did not receive a slip case from Apple when you purchased your iPod nano, you may be entitled to a cash payment of $25. If you received a slip case, you may be entitled to a cash payment of $15. The cash payments to claimants may be increased or decreased depending on the number of claims submitted. There is a limit of one cash payment per iPod nano. Any monies that remain in the Fund after payment of fees and expenses, and after payment of awards to claimants, will be distributed to a charity or charities approved by the Court.

How do you Get a Payment?

You must submit a completed Claim Form by June 10, 2009. A detailed Notice, Claim Form, and instructions are available by calling 1-888-232-3395 or going to www.iPodnanoSettlement.com.

Important Deadlines

You must mail the completed Claim Form postmarked on or before June 10, 2009.

What are your Options?

(1) If you want to participate in the settlement, submit a completed Claim Form by June 10, 2009. You can get a copy of the Claim Form and instructions by calling 1-888-232-3395 or going to www.iPodnanoSettlement.com. (2) You may exclude yourself from the settlement by sending a request postmarked no later than March 27, 2009. (3) If you stay in the Class, you may object to the settlement. Objections must be received by March 27, 2009. The detailed Notice describes how to exclude yourself or object.

THE COURT WILL HOLD A HEARING IN THIS CASE (IN RE IPOD NANO CASES, CASE NO. BC 342057, JCCP NO. 4469) ON APRIL 28, 2009 AT 1:30 P.M. TO CONSIDER WHETHER TO APPROVE THE SETTLEMENT. PLAINTIFFS’ COUNSEL WILL REQUEST FROM THE COURT, AND APPLE HAS AGREED NOT TO OPPOSE, AN AWARD OF ATTORNEYS’ FEES OF $4,500,000 AND LITIGATION EXPENSES OF UP TO $200,000 FROM THE FUND. THE COURT MAY AWARD MORE OR LESS THAN THE AMOUNT AGREED TO BY THE PARTIES. THE COURT WILL DETERMINE THE AMOUNT OF FEES AND EXPENSES THAT WILL BE PAID TO PLAINTIFFS’ COUNSEL. YOU MAY APPEAR AT THE HEARING, BUT YOU DON’T HAVE TO.

FOR MORE DETAILS, GO TO WWW.IPODNANOSETTLEMENT.COM.

I was a bit suspicios at first. But it appears that someone actually won the class action suite against Apple. The settement page looks somewhat legit compared to other class action lawsuit pages that I have seen. But then I found an article on news.com.

So, for all of those first generation Nano owners, it looks like there is $25-$15 bucks headed your way sometime this year.

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