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Tuesday, May 21, 2013 | 11:17 p.m.

Updated: 1:19 p.m. Monday, Nov. 16, 2009 | Posted: 9:40 a.m. Thursday, Sept. 24, 2009

Questions Submitted To Apple



SEATTLE —

Here are the questions KIRO 7 Consumer Investigators have submitted to Apple since November 2008:

Submitted 11/25/08 after interviewing Jamie Balderas of Arlington, before receipt of FOIAd documents from Consumer Product Safety Commission:

--Can you confirm that Jamie Balderas’ alleged iPod Shuffle-related burn is being investigated by Apple? (case # 110857389)

--How many investigations have been opened by Apple re: iPods catching fire/burning consumers?

--What has Apple learned about what might have caused Balderas’ iPod Shuffle to burn her?

--Could it have been caused by the lithium-ion battery?

--There have been a number of reports recently regarding different models of iPods catching fire (Atlanta, Nano, Oct. 2007, two reports of Nano-related burns in Japan earlier 2008, Balderas’ Shuffle Nov. 2008, etc.) there are even blogs devoted to iPods catching fire. What does Apple have say about these incidents?

--How common is the problem?

--How many iPods have been sold over the years? How many Shuffles? In relation, how many reports of alleged burns/fires have you received?

--Is there any chance of a recall of any iPod items because of alleged burns/fires?

--Jamie Balderas shared this concern with us on camera: as a mother of five children who all have iPods, many of them go to sleep with their iPods on their bed sheets. She’s worried that, if there’s a defect of some sort (lithium-ion battery problem, as in the 2006 laptop battery recall perhaps? Perhaps some other defect?) that a fire could start in a child’s bed and possibly even claim a life. What is Apple’s comment regarding this concern?

--Ms. Balderas also asked on camera “is Apple doing anything to fix this?” Your response?

--I may have more questions as I work further on this story. Should I address them to you?

Submitted 7/07/09, after receiving results of FOIA request #09-F-00271:

--How many complaints/calls/letters/reports in total has Apple received from consumers of iPods burning/smoking/flaming/over-heating?

--The CPSC closed its investigation of iPod’s potential burn/fire hazards with a recommendation of “no further action,” ie: no recall. Any comments?

--A recall was issued in 2006 when the same type of battery used in iPods, lithium-ion, was determined to pose a potential hazard in laptops. Why not in this case? How can consumers be certain the lithium-ion batteries in their iPods don’t pose a similar hazard that Apple determined was significant enough to issue a recall back then?

--The CPSC maintains “The number of incidents is extremely small in relation to the number of products produced, making the risk of injury very low. The current generation of iPods uses a battery which has not been shown to have similar problems.” How long has the “current generation” been in use? What type of battery is it? And is it the same generation of battery in the iPod Touch?

--How many iPods have been sold to date?

--According to the CPSC, if a manufacturer becomes aware of a potential hazard associated with its product, it is required by law to report that to the CPSC. Did you report any potential burn/smoke/flame hazards with the iPods to the CPSC? If so, when? If not, why not?

--In many of the CPSC complaints, consumers report that Apple asked them to return their iPods for a replacement. Did Apple study those returned iPods to determine a possible cause for the alleged problems? If so, what was it? If not, why not?

--According to the CPSC, Apple attorneys were involved, apparently trying to prevent these documents from being released to KIRO 7. Do your attorneys get involved with all FOIA requests, or just this one? If so, why?

--People in the CPSC complaints, and in interviews with KIRO 7, claim they were told by Apple customer service representatives that their incidents (iPods smoking/burning/flaming) were isolated; that the Apple employees had never heard of iPods doing this, despite news reports, blogs, a warning by the Japanese government, and filed CPSC complaints (including 8 in-depth investigations) that claim otherwise. How do you explain the customer service representatives’ alleged responses?

--Is it important for consumers to know about a potential burn/fire/smoke/overheating hazard with iPods? Why, or why not?

Submitted 9/04/09 (along with a re-submission of all prior questions, still seeking comment);

--I’m working on a follow-up to the story I aired in July regarding the Consumer Product Safety Commission investigation into iPod fires/smoking/burns. I’m wondering if Apple has any comments yet regarding this issue? I’ve resubmitted the questions I originally submitted to you below.

--Also, does Apple have a comment regarding the lawsuit filed in U.S. District Court of the Southern District of Ohio, in which a lawyer claims a 17-year old boy was burned by his iPod Touch? (Case No: 1:09-cv-170, filed by attorney John Mulvey)

Submitted 11/12/09, (did not receive answers, only form letter)

-- How many complaints/calls/letters/reports in total has Apple received from consumers of iPods burning/smoking/flaming/over-heating?

-- What is Apple’s protocol when it receives reports of iPods burning/smoking/flaming/over-heating by consumers? Either over the phone, or at retail outlets?

-- According to the CPSC, if a manufacturer becomes aware of a potential hazard associated with its product, it is required by law to report that to the CPSC. Have you been reporting any/all consumer complaints of burn/smoke/flame hazards with the iPods to the CPSC?

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