Class notices going out in iPod class action

If you are among the millions of consumers who purchased an iPod between September 2006 and March 2009, you are likely a class member in a class action lawsuit filed against Apple several months ago.  The lawsuit claims that the Cupertino, California-based company violated federal and state laws by issuing software updates in 2006 for iPods that prevented the music players from playing songs not purchased on iTunes. It alleges that the software updates caused iPod prices to be higher than they otherwise would have been, according to an email that is being sent this week to consumers who are believed to have purchased an iPod during the three-year period.

Apple denies any wrongdoing and asserts that the software updates improved its products and had no effect on iPod prices.

A federal court in the Northern District of California ruled late last year that the case could proceed as a class action. A list of iPod models that are covered by the class definition is available at

To be removed from the class, you must mail an “exclusion request” by July 30, 2012 to Apple iPod iTunes Antitrust Litigation, c/o Rust Consulting, Inc., P.O. Box 8038, Faribault, MN 55021-943.

If you haven’t received an email notifying that you’re a member of the class and you believe you qualify, you can send a letter to the same address above.  But even if Apple decides to settle the case, don’t expect to receive an award of any significance.

A multimillion dollar Ticketmaster class action settlement reached last year led to $1.50 coupon codes for most of the impacted consumers. As a reader noted in the Ticketmaster blog post, the more significant benefit for consumers from these types of class action suits is that they may deter companies from engaging in allegedly anti-consumer activity in the future.

Steve Larson
An experienced trial lawyer who handles both hourly and contingent fee cases, Steve has expertise in class actions, antitrust litigation, securities litigation, corporate disputes, intellectual property disputes, unfair competition claims, and disputes involving family wealth. Steve regularly represents individuals and businesses in federal and state court and has obtained class-wide recovery in multiple class actions. A veteran practitioner, Steve's clients value his creative approach to resolving complex litigation matters.


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The information contained in this blog does not constitute legal advice, and does not create an attorney-client relationship. We make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this blog.