General Question

DandyDear711's avatar

Would you file a claim for a class action settlement if you weren't hurt?

Asked by DandyDear711 (1512points) April 23rd, 2009

We received a claim filing form for an Ipod Nano class action settlement. We have to declare that we experienced scratching of the nano that impaired our use or enjoyment of the nano. The Nano was kept in a case all the time so it never got scratched. The only time we didn’t enjoy the use of the nano was when the battery pooped out. We could receive up to $37.50

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17 Answers

Lightlyseared's avatar

Well if the battery is pooped and you don’t use the Nano any more you could put some scratches on it and be upset about how it doesn’t look as nice as it did when you opened the box. Then you could sign the form honestly.

jca's avatar

i would not go through the lie and the effort for that amount of money. $37.50? are you kidding?

DandyDear711's avatar

Maybe I should sue for finger prints – it does have those now that it is out of it’s case.

DandyDear711's avatar

@ica – it really isn’t any effort. just sign name and mail post card. I suppose I could justify filing since I knew they scratched so bought a case for it right away. The claim would pay for the case. We are using the case on the new ipod…

gimmedat's avatar

No, I wouldn’t do it, not worth it. If you’ve not been impacted negatively, why take it any further? Situations like the one you’re in make it difficult for those with legitimate claims to recover what’s been lost. Let it be and feel good knowing you did the right thing.

fireside's avatar

The more people that jump into the suit, the less you will actually get.
You could get up to $37.50, but chances are you will get a dollar or two, if that.

Likeradar's avatar

Uh, no. We’re sadly becoming a sue-happy society. Why would you want to contribute to that nonsense?

DandyDear711's avatar

Remember – I asked what would you do!

I am the type of person if I am given too much change at a store I will return it.

GoldieAV16's avatar

We joined a class action suit against Airborne. My hubby was flying a lot, and they claimed that if you took it while flying it would prevent illness. I knew that was bunk, but he trusted them, “It couldn’t say it, if it wasn’t true.” Well, it wasn’t true. We got about $40. But we probably bought several hundreds worth of the stuff.

Darwin's avatar

Most class action suits only make the lawyers rich. If I have not suffered any damage then I see no point in joining the suit and helping the lawyers make big bucks.

TopClassActions's avatar

That’s a tough question. If you bought the case to stop it from getting scratched, then shouldn’t they have to pay for it?
In this particular case Apple KNEW that it was prone to scratch easily (many received scratches from simply wiping it with a paper towel) so they should pay the piper for releasing a sub-standard product. Apple fixed the problem by applying a coating to the iPod after a few months of being released, but, there were hundreds of thousands which were sold without the coating.
You can view our take on this lawsuit here:
Along with checking out some other open class action lawsuit settlements.
If you’re referring to a different class action lawsuit settlement can you please post a link to the settlement administrator site with the details of it?

Warm Regards,
Scott Hardy
President and CEO of Top Class Actions LLC
“Top Class Actions connects consumers to lawsuits, settlements and attorneys.”

galileogirl's avatar

In most class action suits the attorneys get 40% off the top plus they will get another chunk for expenses. The lawyers are not commited to their clients and may make sweetheart bsettlements that prevent someone with a real cause for action from being able to sue. The couple of hours you spend filling out forms are seldom worth the money.

After an illness, I had to get recertified to drive. When my physical therapist decided I had enough strength he referred me to a different hospital that had a driving simulator. The $400 for that wasn’t covered by insurance nor was the driving instructor ($200) who tested me on the road. About a year later I got papers from a class action suit against the hospital for charging too much to uninsured patients. Of course it was ridiculous. The effect was the hospital would not offer services that couldn’t be covered. I made the decision that it was worth $600 to be independent. I felt it was a privelege worth paying for, not a birthright.

jca's avatar

i don’t see anything as being worth $37.00. it’s almost a joke.

GoldieAV16's avatar

I don’t think it’s the money. At least in my Airborne small claims case it wasn’t. It’s about being accountable to consumers, and truth in advertising. I think most people are honest, but for those who are tempted to fudge on the truth and take advantage of their customers, knowing they may be financially liable for their deceit might be a slight deterrent.

galileogirl's avatar

@GoldieAV16 Don’t kid yourself, it’s about a payday for the lawyers.

DandyDear711's avatar

@GoldieAV16 – Love your mask!

mollysmithee's avatar

This lawsuit would be an example of deceptive trade practices and the laws that govern it. This article explains the extent of those laws. Basically, it is just holding the consumer liable, as some other people have already mentioned. If you had an iPod that was built during this period when it was not properly protected, than it should be safe to enter into the lawsuit as you did purchase the inferior product.

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