Unhappy iPod nano users are no longer just complaining over the easily scratched screen.

A nano user is so aggravated by the problems they’ve had with the product, that they are taking Apple to court. According to Pocket-lint.co.uk, lawyers have filed a class action suit against Apple on behalf of those who have purchased the ultra-small MP3 player.

The lawsuit alleges Apple violated state consumer protection statutes, as well as express and implied warranties. The complaint claims the excessive, rapid wear renders the device unusable. Filed in the US District Court in San Jose California, seeks to represent millions of purchases of the iPod nano since its introduction in September this year.

According to court documents, the lawsuit states; “the amount and durability of the resin applied as a protective coating during the nano manufacturer clearly defective in that it is not sufficient to adequately protect the face of the nano from extreme ultimately irreparable damage.”

The lawyers want nothing less than replacement of the device, compensatory and consequently punitive damages, attorneys’ fees, costs of the suit, pre and post judgment interest and whatever else this Court may deem necessary.

Apple has so far declined to comment.