Tuesday, March 16, 2010 at 02:44 PM | Posted by LOOPRumors Staff
An iPod Shuffle 3G owner from Manhattan Beach, California has filed a class action lawsuit against Apple alleging that though the Shuffle is advertised as exercise-compatiple, his device malfunctioned due to sweat.
Stephen Vale is seeking to prove that this represents false advertising on the part of Apple. He was told when trying to replace his device, “it was alright (sic) to exercise with the music player, but not to sweat,” according to the filing.
Vale has accused Apple of one count of false advertising, one count of unfair competition, and five counts of breach-of-warranty.
In the lawsuit filed last Thursday, Vale claims that his perspiration traveled down the cord of his iPod Shuffle while he was working out, causing the device to “fail.”
Associates at the Apple Store in Manhattan Beach provided Vale with a replacement cord which did not improve the situation.
Mr. Vale is seeking unspecified damages for himself and any other Californian who wishes to join his fight.