A consumers rights group has filed a new law suit against Apple Computer alleging that the iPod nano is defective, and that the company can't charge owners US$25 for replacement units. The case was filed in San Mateo Superior Court in California on February 10.

The suit was filed by the law firm of Cotchett, Pitre, Simon & McCarthy on behalf of The Foundation for Taxpayer and Consumer Rights (FTCR). The group is alleging that the iPod nano's screen scratches too easily, making it defective. They are also claiming that Apple is refusing to give refunds to dissatisfied iPod owners, and is charging US$25 to replace units with cracked screens. The replacements, according to the FTCR, should be free under Apple's warranty policy.

The suit demands that Apple recall the iPod nano product line and repair the defect, or refund the purchase price to dissatisfied customers. The suit also requests that Apple specifically list scratching and cracking as a warranty-covered issue, that Apple define what the useful life of the nano is, and disclose the characteristics of the nano's protective coating, as well as pay legal fees and compensatory damages.

This isn't the first law suit brought against Apple for scratches on the nano's display. A class action suit was filed in October of 2005 in California claiming that the nano's display scratches so easily that it is unreadable after only a few days. By December, five cases had been filed in the United States, including one in Louisiana.

The latest filing is available in PDF format at the Consumer Watchdog Web site.

Apple does not comment on pending litigation, and was unavailable to make a statement.