 Apple reportedly sent a letter to the UK owners of an exploded iPod Touch (owner and iPod pictured here), demanding threatening legal terms or offering no refund. The owners -- a father and his 11 year old daughter -- refused the "disturbing" legal terms and have received no refund. (Source: Steve Morgan/The Times)
 Another image of an iPod Touch, which reportedly caught fire and burned a hole in a car seat. (Source: DailyMail)
Legal threats were not enough to silence the truth
Apple's iPhones and iPods have been
known to have overheating problems, at times bursting
into flames. Apple is reportedly doing everything in its
power -- or more aptly in its army of lawyers' power -- to keep these
relatively infrequent incidents away
from the public eye.
Ken Stanborough, 47, was among the
victims of an exploding iPod and legal ploys by Apple. Mr.
Stansborough bought an iPod Touch for his 11-year-old daughter.
When holding the iPod one warm day last month, it began to overheat.
He states, "It made a hissing noise. I could feel it
getting hotter in my hand, and I thought I could see vapour."
The
father resorted to playing hot potato with the iPhone, tossing it
outside. He reports that "within 30 seconds there was a
pop, a big puff of smoke and it went 10ft in the air."
He
contacted Apple, hoping for an apology, or at least a refund.
After speaking with several departments, he spoke to an Apple
executive on the telephone, however, they wouldn't promise him a
refund. According to the Times Online, he instead
received a letter offering him a refund only
if he signed some very restrictive legal terms.
Apple
agreed to reimburse the £162 he paid at UK retailer Argos, but
demanded that he "agree that you will keep the terms and
existence of this settlement agreement completely confidential."
Violation of this gag-order, according to Apple, "may result in
Apple seeking injunctive relief, damages and legal costs against the
defaulting persons or parties."
Infuriated at the
outrageous response, Mr. Stansborough, who works in electronics
security, refused and never got his refund. He states, "I
thought it was a very disturbing letter. They’re putting a
life sentence on myself, my daughter and Ellie’s mum, not to say
anything to anyone. If we inadvertently did say anything, no matter
what, they would take litigation against us. I thought that was
absolutely appalling. We didn’t ask for compensation, we just
asked for our money back."
An Apple spokesperson said
they could not comment on their case as they had not yet seen the
iPod. Apple's second generation Nanos were known to
infrequently overheat, catch fire, or otherwise explode. That
problem appears to have reappeared in the current
iPod Touch/iPhone. In South Korea some iPods are being
recalled for overheating. The Japanese government recently
issued a warning about iPods potentially overheating. And in
Ohio Apple is being sued by the mother of a child whose iPod Touch
reportedly exploded, burning his leg.
"If you can find a PS3 anywhere in North America that's been on shelves for more than five minutes, I'll give you 1,200 bucks for it." -- SCEA President Jack Tretton
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