James Delahunty
15 Jul 2009 22:04
Amazon.com Inc. is being sued by Seattle resident Matthew Geise over an alleged design flaw affecting the Kindle 2 and Kindle DX. The suit alleges the problem is really sourced with the separately-sold protector cover. It claims the covers designed and sold by Amazon for the Kindle 2 and Kindle DX put pressure on the hinge and cause the screen to crack. The suit is seeking class-action status.
"Mr. Geise understood that the Kindle Cover he purchased for the Kindle was, in fact, compatible with the Kindle and would not damage the Kindle as a result of ordinary use. Amazon never disclosed to Plaintiff that using the Kindle Cover with the Kindle would damage the Kindle," according to the complaint.
The complain cites an array of consumer complaint postings on the Internet about the same problem. "Because of the relatively small size of the typical damages, and the modest resources of most consumers, it is unlikely that most Class Members could afford to seek recovery against Amazon on their own. A class action is therefore the only viable, economical and rational means for members of the Class to recover from Amazon for the damages it has caused," the complaint reads.
The lawsuit seeks replacement and funds to repair the broken Kindles as well as additional damages. Amazon does not comment on active litigation but a spokesman said that, "anyone who has an issue with the cover attachment mechanism to return the cover and device for a free replacement so we can investigate further."