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Apple Offers to Trade Gag for Refund in Alleged Exploding iPod

When an 11-year old girls' iPod exploded, Apple UK agreed to refund the purchase price to the girl's father in exchange for a confidentiality agreement that threatened a lawsuit if the family ever disclosed the settlement terms or even its existence. This, according to Ken Stanborough, the girl's father, who told his story to The Times of London.

According to Mr. Stanborough, the story began when he dropped his daughter Ellie's iPod touch and it began making a hissing sound. "I could feel it getting hotter in my hand," he said, "and I thought I could see vapour."

Mr. Stanborough then threw the iPod out of his back door, where "within 30 seconds there was a pop, a big puff of smoke and it went 10 feet in the air."

In the States, this would usually result in some form of litigation where the victim of the exploding device would seek hundreds of thousands of dollars (or more) from Apple for the trauma associated with such an ordeal. Being English, and in England, Mr. Stanborough instead asked for a refund.

That process involved a long phone call where he was passed from department to department, and eventually talked to a local Apple UK executive who offered him the refund he was requesting, and sent him an agreement to sign. That agreement included the confidentiality clause, which The Times referred to as a gagging order.

The gagging order angered Mr. Stanborough, who was worried about signing away a "life sentence" where any even accidental mention of the incident could land him and his family in court.

"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."

So, Mr. Stanborough threw away the letter and told his story to an English newspaper with a global circulation.

We should point out that this is only Mr. Stanborough's side of the story, and the incident of the exploding iPod touch is alleged only. It also involves being dropped, which goes beyond proper use of an iPod, though we would hazard that it wasn't the first iPod to be so dropped.

At the same time, however, we should point out that Apple has had to recall laptop and iPod batteries, and there have been scattered reports for several years of a very small number of various iPod models that have exploded or caught fire over the years.

Artist Rendition
Our artist rendition of what an exploding iPod touch might look like

10 comments from the community.

You can post your own below.

Kh�rt said:

“confidentiality agreement that threatened a lawsuit if the family ever disclosed the settlement terms or even its existence.”

So .. they’ll be in courst very soon then.

   Quote

Bryan Chaffin said:

Note that Mr. Stanborough didn’t sign the agreement or accept the refund.

   Quote

Lee Dronick said:

So is this fellow going to sue Apple over the exploding iPod Touch?

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Johan said:

Guess he should have sued.  At least he wasn’t horribly burned like the American child.  I really think the emphasis on his being too English to sue is quite elitist.  Maybe if he had his trousers catch fire and had burns on his legs he would feel differently.

   Quote

art cop said:

Gee, those flames look just like istock photo #6520700, complete with watermark.
Artistic License Revoked.

   Quote

Lee Dronick said:

t least he wasn�t horribly burned like the American child.

We don’t even know if the story is true. Where is the evidence?  He threw the letter from Apple away.

I am not saying that it didn’t happen, but I am skeptical.

   Quote

Ryan said:

Gee, those flames look just like istock photo #6520700, complete with watermark.
Artistic License Revoked.

That’s what I thought.

Stay Classy iPod Observer

   Quote

Jeff Gamet said:

Hey gang - Our FPO version of the graphic ended up in the article, but it’s been replaced with the final version. Thanks for the sharp eyes, everyone!

Jeff

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Dugie said:

Guess he should have sued.  At least he wasn�t horribly burned like the American child.  I really think the emphasis on his being too English to sue is quite elitist.  Maybe if he had his trousers catch fire and had burns on his legs he would feel differently.

The laws are much different in the UK, I believe you can only sue for actual damages, not hurt feeling and such.

   Quote

Bronco46blogs said:

I don’t think its unreasonable for Apple to ask these people to keep quiet about Apple giving them a refund for an out of warranty issue. They have to fight off enough bogus claims everyday I’m sure. They should think about rewording it in this day and age where everyone whines about everything.
And to these people who blabed—-Shut up and be happy you got something for your old iPod.

   Quote

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