Mass Share Against Iomega
On September 10, 1998, in the New Castle County Supreme Court, Delaware, on behalf of all Iomega Zip drive owners, a campaign of dissatisfied consumers began that went beyond national boundaries. The category of interested parties was represented by four law firms – Dodge, Fazio, Anderson & Jones, P.C., known for repeatedly achieving success in prosecution processes in various group actions.
The action of discontent began in claims filed in connection with the Iomega company breaking the guarantee, negligence (negligence) in the manufacture and design of the device, consumer fraud and the lack of notification of the latter about possible device shortcomings.
Point 1 of the indictment (sufficient to initiate proceedings).
Iomega sells Zip drives as a means of preserving and efficiently storing, archiving, moving and subsequently retrieving data stored electronically. However, the defect declares itself without notice and renders the affected drive inoperable for any task. Moreover, when the defect begins to appear, all data stored on the affected device becomes irreproducible and permanently lost, unless previously stored elsewhere. The defect, therefore, puts the Zip drive in a state of inability to be used as a means for storing, archiving, transferring and subsequently searching for data stored in electronic form. As a result, the device has very little or no value at all.
Iomega, a Delaware corporation, has been selling Zip drives for more than three years. A significant number of these drives have a problem, commonly known as “Click of Death”, which puts the device in a state of unusability and damage to the disk. However, any data stored on the disk will die. The court has submitted evidence that the “clicks of death” can damage any drive by using a drive that has previously been destroyed.
Studies have shown that there are three reasons for the appearance of “clicks of death.”
Magnetic particles, consisting mainly of iron and neodymium, damage the Zip drive’s read / write mechanism as badly as the damaged disk the device tries to read.
The lubricant on the disk disintegrates, forming a solid solid material that accumulates on the heads of the drive. This prevents the heads from reading the disk and subsequently destroys it.
The drive heads begin to contact the edge of the rotating disk, which can knock out the drive heads and / or tear away the storage areas and render the disk unusable.
The said plaintiffs demanded compensation for material losses to owners of Zip drives as a result of the loss of drives and disks, as well as Iomega’s punishment for damage.