The class action lawsuit claims that the iPod Nano is defectively designed and that the screen quickly becomes scratched even under normal use. The suit also claims that the excessive, rapid wear makes the Nano unusable.

“The suit charges that Apple violated implied and expressed warranties when it began selling what plaintiffs claim are defective devices, and violated aspects of state consumer protection laws,” the law firm bringing the class action said in a statement.

The suit seeks compensation for buyers of the Nano. Executives at Apple responded to consumer complaints in September regarding excessive scratching and broken screens by saying that the screens on the iPod Nano are made with the same material that is found in the company’s fourth-generation iPod, which, to date, is complaint free.  Apple recommended users purchase an iPod nano case to prevent scratching.