iPod Explodes, Refund Offered Only With Gag Order

[Jason Dunn]

<div class='os_post_top_link'><a href='http://technology.timesonline.co.uk/tol/news/tech_and_web/personal_tech/article6736587.ece' target='_blank'>http://technology.timesonline.co.uk...icle6736587.ece</a><br /><br /></div><p><em>"Apple attempted to silence a father and daughter with a gagging order after the child's iPod music player exploded and the family sought a refund from the company. The Times has learnt that the company would offer the family a full refund only if they were willing to sign a settlement form. The proposed agreement left them open to legal action if they ever disclosed the terms of the settlement."</em></p><p><img src="http://images.thoughtsmedia.com/resizer/thumbs/size/600/dht/auto/1249413403.usr1.jpg" style="border: 1px solid #d2d2bb;" /></p><p>If your product explodes, endangering the owner, the least you can do is offer to replace that product, no strings attached. Apple, in their typically controlling manner, was only willing to offer a replacement product if the owners agreed to never tell anyone about what happened, on fear of prosecution. That's not unusual when we're talking about multi-million dollar settlements, but for an iPod? Gross overkill.</p>

[Damion Chaplin]

I'm wondering how much money Apple spent to draw up the settlement agreement... And I'm guessing it's way more than replacing an iPod would be...

Gee, the brakes on my car failed and I caused a 7-car pileup, but that's OK, the car manufacturer said they'd replace my brakes as long as I never told anyone what happened. :rolleyes:

[Phronetix]

I would say that one ought to sagely read between the lines here.

Is it easier to allow a story like this to foment what could be a pre-supposed judgement about Apple?
Or to perhaps realize how unusual of a story and a result it is, and a large corp like Apple must have reason to have acted this way.

Is it overkill if this father-daughter pair approached the Apple Store staff with a belligerent, "refund us now or we are hiring a lawyer and we'll press charges" kind of story? People are awfully aggressive in these matters and I can honestly see this as more likely than Apple carelessly spending money on a gag order.

Just my thoughts.

[ptyork]

I "sagely" read between the lines that this is a standard settlement offer made to all people who've had similar experiences. Most likely don't read it, sign it, and just accept the refund/replacement. This pair, however belligerent, decided not to subject themselves to litigation and instead turned it around.

Honestly, the problem is not with the generic settlement statement. I'm sure this is pretty common. The problem is that Apple hasn't stepped forward to a) apologize and refund without the gag order (worthless now that it is public) and b) come forth with the facts to prove how rare it really is, make it clear that they'll cover replacement costs and actual damages, and defuse the situation. As it is, it is yet ANOTHER headline story (truly, it's headline on CNN, MSNBC, and Fox) that makes Apple out to be complete jackasses. Nothing in isolation is all that bad, but when you combine this with the app store denials, crippling of apps, and all of the general bullying that makes MS's early days seem angelic, well, you are just making the government's own case for antitrust suits. Frankly, it amazes me that the EU hasn't already pounced. It's just a matter of time, which is a shame, since nobody really wants the government mucking around in businesses--everybody loses. And even if they somehow skirt a governmental backslap, minimally they've further inflamed a growing number of Apple-haters.

Stupid. Jobs post transplant has created some really disastrous PR.

[jeffd]

good god what is that drivel I see above me? Standered agreement offered to all that want a refund? Blaming the customer?! You can't except the fact that apple just sucks at some things?

Last time I have ever seen a gag order agreement on a refund or replacement is..oh..NEVER.

And calling apple's customer service hotline to get a replacement or refund, getting the run around, and then suddenly getting a gag agreement in the mail because the person you finally talked to who apparently could get something done, either thought upon it himself or was told by his manager/PR that this incident needed to be put underwraps. The first part is totally believable and the second has been done before.

Now for the real story..whos the hot chick in the picture?

[Lee Yuan Sheng]

Holy cow that's 11? o_O

[ptyork]

good god what is that drivel I see above me? Standered agreement offered to all that want a refund? Blaming the customer?! You can't except the fact that apple just sucks at some things?

Last time I have ever seen a gag order agreement on a refund or replacement is..oh..NEVER.

That first paragraph smells like you drank too many fingers of single malt scotch before typing it in. Anyway, I didn't say any refund or replacement. I said folks who'd been in similar situations. If you don't think that Apple has canned agreements ready to attempt to squash any potential liability and squelch any potential bad press in the event of catastrophic failures, you are quite naive. Li-Ion battery failures happen. They'd be stupid not to be prepared with such agreements. Judging from the extremely limited number of these that make it to the press, I'm assuming that they've worked quite well.

The ironic thing is that the agreements are largely intended to protect the company's image. Their handling of the situation has damaged their image far more than an isolated iPod explosion.

Yes, the girl was six when you joined these forums and won't be legal for another seven years...

[Jason Dunn]

Now for the real story..whos the hot chick in the picture?

You officially win the "Wow, that's creepy!" award for today. :eek:
:D

[stlbud]

I'm enjoying my Zune! and I don't have to wear a turtle neck sweater either. Tht-tht-tht

Bill B