Apple Prevails in iPod Hearing Loss Suit

By Geoff Duncan December 31, 2009

Apple-ipod-classic — Image used with permission by copyright holder

The Ninth Circuit Court of Appeals has ruled in favor of Apple in a class action lawsuit that claimed using Apple’s iconic iPod portable media players could lead to hearing damage and loss because they were capable of outputting audio as loud as 115db with the factory-supplied earbuds. The plaintiffs claimed that the capability to output that level of sound constituted a serious risk to iPod users, particularly the younger set, if they cranked their iPod to overcome environmental sound or just to be in an isolated universe with their tunes. However, a lower court ruled that merely having the potential to output damaging levels of sound did not put Apple on the hook, and the appeals court agreed with the lower court ruling. The appeals court further ruled that since the plaintiff had not suffered any injury themselves and could easily avoid any such industry, they had no standing to bring a suit against Apple.

Apple does include a warning with its iPod music player against prolonged use at high volume levels, and the devices can be configured to cap their output at a level well below the device’s maximum; thus, the means for avoiding hearing damage is both “obvious” and “avoidable” in the eyes of the court.

The ability to crank an iPod all the way to the limits of its hardware is potentially very useful for some users, particularly folks who use the devices with non-Apple headphone with different impedance values, or who are connecting the devices to other audio equipment. Nonetheless, experts agree that the danger of permanent hearing loss from prolonged use of high-volume personal music players and other in-ear devices is a serious issue, particularly for the so-called “iPod generation” that is being raised with in-ear media.

Editors' Recommendations

Topics

Apple

Former Digital Trends Contributor

Geoff Duncan writes, programs, edits, plays music, and delights in making software misbehave. He's probably the only member…

Computing

Best Apple deals: Save on AirPods, Apple Watch, iPad, MacBook

Apple MacBook Air M1 open, on a table.

Apple has been a big player in the tech space for a long time, and it has pioneered some of the technology we use today, such as best wireless earbuds and the best smartwatches. If that wasn't enough, it even makes some of the best best laptops and best tablets on the market, so pretty much whatever tech you're looking for, Apple has an excellent version of it. Not only that, but Apple's ecosystem is also easily one of the best available, with only Samsung really competing in that space, and if you're already in the Apple ecosystem, then it makes sense to continue buying stuff from Apple.

Of course, Apple tech can be quite pricey, which is why we've gone out and searched through various big retailers to find you some of the best deals we can find. That includes everything from the MacBook to the AirTag, so hopefully, you can find the perfect deal that fits your needs and budget.
Apple AirTag (4-Pack) -- $80, was $99

Mobile

How to find your phone number on iPhone or Android

Rebtel Calling

If you're here, you've likely just had this experience; needing to enter your digits for an account of some sort, you realize you don't remember your own phone number. As you don’t call your own phone number very often, this isn't an extremely uncommon scenario. And it gets even worse if you frequently use a second phone number alongside your main one. It's still embarrassing enough, however, to not want to ask your partner or buddy, "Hey, what's my phone number?"

Luckily, the ability to locate phone number data comes directly on your phone, so checking your friend's address book won't be necessary. Whether you’re using an iOS or Android device, you can quickly locate your own number — as well as your IMEI number — on your phone if you know where to look. Just grab your phone, find the appropriate section below, and we'll show you how to do it.
How to find your phone number on iPhone

Mobile

How to schedule a text message on your iPhone

Close-up photo of the Messages app on an iPhone.

Do you often send text messages to a friend or family member across the pond? Or do you want to message someone when you know they’re off work and are able to get to you in a reasonable manner? Maybe you want to send a message every day at the same time, to let your significant other know you’re on the way home and to ask if they need you to pick up anything.

If you said yes to any of these scenarios (or other ones you have in your head), you may be looking for a way to schedule text messages on your iPhone. After all, this is a feature that Android users have, and it can often prove incredibly convenient.