The main named plaintiff in the globally reported iPod nano scratch class action case has revealed he is himself being sued by the lawyers representing the class action.
The man, Jason Tomczak, who faces thousands of dollars in court costs, has written an open letter to Apple fans that denies he ever “sought or hired” the case lawyers, David P. Meyer and Associates or Hagens Berman Sobol Shapiro to represent him in the case.
Instead, he was approached by the lawyers days after the case was filed, requesting that he sign an attorney-client relationship deal.
He spoke to them once by phone about his scratched iPod case and asked that his name not be used, though the lawyers used his name anyway.
“I told them that I had problems with my iPod nano, however I clearly told them that they should do their own professional and technological study of the product,” he writes.
Tomczak is angry because the legal team mistakenly filed the suit with his name, failed to correct press releases, and never offered an official apology for misusing his name.
The lawyers are currently suing Tomczak to stop him withdrawing from the suit, and say he will be liable for legal fees should the case fail in court.
“Although it is too late to completely clear my name from the iPod Nano Class Action law suit, by writing this Open Letter to the Mac Community, I am hoping to make an attempt to reduce the damage already caused to my good name and to open people's eyes to the fact that I did not approve, endorse, authorise, initiate or promote the lawsuit against Apple. These actions were taken without my authority and against my express wishes by the law firms,” Tomczak writes.
“Whatever the outcome, whether I am successful or I am financially crippled by the lawyers, it is my sole intent to communicate the truth of what happened so that I can begin to find some peace of mind after the hate, harassment and embarrassment brought about by the misuse of my name in the suit,” he concludes.