On the heels of a price reduction for the Amazon Kindle 2, one user files a lawsuit claiming a design flaw in the device's cover causes the screen to crack.
The much publicized, much scrutinized e-reader from online retail giant
Amazon.com, the Kindle, is now under fire from one of its users, who claimed
the device is liable to break due to a design flaw in a lawsuit filed in the
U.S. District Court for the Western District of Washington.
The plaintiff, Matthew Geise, wants the lawsuit to attain class-action
status, which requires the approval of a judge, and represent all Kindle
owners.
In the complaint, Geise charges that the cover for the Kindle, which is sold
separately, can crack the grayscale E-Ink screen, which is used to read e-books
and other documents on the device. An Amazon spokesperson told Reuters that although
the company does not comment on active litigation, Amazon encourages
"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."
Amazon recently (and quietly) dropped the price of its heavily promoted
Kindle 2 e-reader, lowering the price to from $359 to $299-a $60 cut. Amazon
issued no release announcing the price reduction, fueling speculation that the
nascent e-reader market isn't reaching enough of an audience. However, Amazon
spokeswoman Cinthia Portugal
told The Associated Press the price cut was a permanent move rather than a
promotional stunt. "We've been able to increase the volume of Kindles we're
manufacturing and decrease the cost of doing so," she said.
According to the complaint filed by Geise, who bought the Kindle for his
wife as a Valentine's Day present, 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."
In the suit, Geise alleges an Amazon customer service representative
acknowledged the cracking screens due to the cover was a common problem but was
told he would have to spend $200 to replace the screen. The complaint
continues, "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."
Although Amazon does not release shipping numbers, reports have stated that
some 300,000 Kindle 2 units shipped by mid-April, nearly matching estimates of
400,000-500,000 units shipped for the first Kindle version.
A recent teardown of the manufacturing process by market research and
consulting firm iSuppli revealed Amazon spends $185.49 on every Kindle 2. Some
41 percent of the materials cost come from the Kindle 2's $60 E-Ink display
module, which supports 16-level grayscale images.
Nathan Eddy is Associate Editor, Midmarket, at eWEEK.com. Before joining eWEEK.com, Nate was a writer with ChannelWeb and he served as an editor at FierceMarkets. He is a graduate of the Medill School of Journalism at Northwestern University.
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