Apple's Move to Limit iPod Volume Acknowledges Product Flaw, Attorneys Contend

Apple's Move to Limit iPod Volume Acknowledges Product Flaw, Attorneys Contend

Apple Introduces Software to Cap Potentially Damaging Volume Levels on Some Products

SEATTLE, March 29 /PRNewswire/ -- Attorneys representing Apple (NASDAQ:AAPL) iPod owners in a national class-action lawsuit against the computer and portable music-player giant today lauded Apple's decision to provide a way to limit the volume of the popular iPod devices, but said the company's actions fall far short.

A statement issued by Apple today says the company is providing some iPod owners the ability to limit volume, a feature available to some European consumers for years.

"It is good to know that Apple finally acknowledges that there is a serious flaw with its iPod product, and is giving U.S. purchasers the same protection it has been giving French purchasers since 2002," said Steve Berman, an attorney for the plaintiffs. "Unfortunately, this patch doesn't help the millions of people who own older models -- it is a jack-legged workaround that falls well short of what consumers demand and deserve."

According to the Apple statement, the software only works with the iPod nano and the fifth-generation iPod.

In 2002, Apple was forced to pull devices from stores in France after the country imposed a limit of 100 decibels (DB) for personal listening devices. Shortly thereafter, the company introduced updated software that limited the volume output, but did not offer similar safeguards in the United States.

According to the complaint filed in January, Apple devices can reach 130 DB -- comparable to an air raid siren -- well beyond safe listening levels. Studies indicate that hearing loss may occur after 28 seconds of sound at 115 DB, the complaint claims.

"While the software allows users to set levels, the company does next to nothing to educate consumers about what is safe," J.R. Whaley, another attorney representing the plaintiffs. "Many consumers would conclude that 100 DB is twice as loud as 50 DB but that's not the case; for every 10 decibels, the loudness actually increases twofold. Fifty decibels is twice as loud as 40, 60 is four times as loud as 40, and so on."

"We contend that Apple has done next to nothing to inform consumers regarding these issues," Berman concluded.

About Hagens Berman Sobol Shapiro LLP

Hagens Berman Sobol Shapiro LLP is a law firm with offices in Seattle, Cambridge, Chicago, Los Angeles, and Phoenix. The firm has developed a nationally recognized practice in class-action litigation. The firm is co-lead counsel in litigation to recover losses from Enron employees' retirement funds, and represented Washington and 12 other states in lawsuits against the tobacco industry that resulted in the largest settlement in the history of litigation. The firm also served as counsel in several other high-profile cases including the Washington Public Power Supply litigation, which resulted in a settlement of more than $850 million, and the $92.5 million settlement of The Boeing Company litigation. Other notable cases include litigation involving the Exxon Valdez oil spill, Average Wholesale Price Drug litigation, United Airlines litigation, Exxon Mobile Securities litigation, Louisiana Pacific Siding litigation, TAP Pharmaceutical's Lupron litigation, and SmithKline Beecham's Paxil Litigation.

Mark Firmani (206) 443-9357
Firmani + Associates, Inc.
mark@firmani.com

Source: Hagens Berman Sobol Shapiro LLP

CONTACT: Mark Firmani of Firmani + Associates, Inc., +1-206-443-9357, or
mark@firmani.com, for Hagens Berman Sobol Shapiro LLP

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