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iPod Touch 3rd gen. Model MC086LL/A is really 2nd gen.

About ten months ago, I purchased a '3rd generation' 8GB iPod Touch, model MC086LL/A.

Last night I attempted to install the iOS 4.3 update, only to find it is not supported on my iPod. Checking the serial with Apple revealed the sad truth: it is, in reality, a 2nd generation iPod Touch.

A quick internet search shows it was marketed world-wide as 3rd gen, not just by my retailer.

My questions would be: How is it possible Apple allowed this fraudulent marketing of an older device as new, when it wasn't? And, more importantly, what can I do to obtain a replacement that will be up-to-spec with what I originally purchased?

Thanks,

Y

Ipod Touch 3rd gen, iOS 4, Model MC086LL/A

Posted on Mar 10, 2011 6:14 AM

69 replies

Jon95

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Mar 25, 2011 2:50 PM in response to yoyoeuro

So...
Now that I've had a good laugh for today.
Simply put, any advertising for it was for the 32 and 64GB versions. All the internet searches I did turned up with disclaimers stating that it is a second gen model with the updated iOS. At the very least you should have checked apples website before buying to get some information so you know what you're buying. A general rule when buying any sort of computer is to get a good background of what you want before you buy. If you had done this, you wouldn't be in this situation.
If you want what you thought you were buying, it does not exist. No company will give you anything unless you can specifically prove that the 8GB ipod touch was marketed as having all the same features as a 3rd generation 32 or 64GB touch.

yoyoeuro Author

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Mar 25, 2011 3:17 PM in response to Jon95

Welll..

I don't have any saved ad. I do, however, have a receipt for a "3rd Gen. 8GB Apple iPod Touch", fancy that.

When I buy a computer, I check its specs and hardware; when I buy an "X generation" device, I expect its hardware to be generaion X. If it wasn't a 3rd generation device, they shouldn't have written that on my receipt.

Mar 25, 2011 3:57 PM in response to yoyoeuro

That would be the retailer's fault, not Apple's.

Mar 25, 2011 4:22 PM in response to yoyoeuro

I would take the receipt and the iPod Touch back to where you bought it as they mis advertised it.
Apple never advertised it as a 3rd generation model.

I own a MC086LL and purchased it directly from Apple in August of 2010.
I knew then it was a 2nd generation model. This was the last month it was sold new from Apple.
The following month Apple came out with a 4th generation 8GB model.
There never was a 3rd generation 8GB iPod Touch model...

Good Luck and let us know what they can do for you.

Jon95

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Mar 25, 2011 7:43 PM in response to yoyoeuro

Well you should take the receipt in to help your case, but the most you will possibly get is a refund of your purchase. Good luck!

yoyoeuro Author

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Apr 29, 2011 2:49 AM in response to yoyoeuro

Happy update: my retailer owned up to their mis-advertizing, and replaced my iPod with a refurbished 4th generation iPod 🙂

I don't live in the U.S. so this will not hold as a precedant for you, but I strongly suggest demanding compensation - persistence usually works in these cases.

yoyoeuro Author

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Apr 29, 2011 2:54 AM in response to Joseph Kriz

Mr. Kriz, you wouldn't happen to be an Apple employee now, would you?

May 17, 2011 8:00 AM in response to yoyoeuro

yoyoeuro

If you could help me, because I bought the same in best buy seattle (last august), and I discovered that the same happened to me!! I was so sad cause I live in Brasil and when I call to apple brasil they told me they could do anything!!! Would you have some advice to me???

Thanks a lot!!

MajuBrossi

yoyoeuro Author

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May 17, 2011 4:40 PM in response to maria julia

Boa tarde Donna Julia,

I'm afraid I can only offer advice - you should write a complaint to Best Buy offices, and you might have to do it more then once... It was hard work for me, but the point is to convince them this can be seen as a fraud. They already know that, but won't admit to it fearing a precedent, you just have to be persistent.

Good luck!

Dec 31, 2011 12:07 PM in response to yoyoeuro

Hi! I just wanted to say that I have the same issue here. I bought a "8Gig 3G" iPod Touch at BestBuy about a year and half ago. It wasn't until last night I find I have a 2G. I have had some problems with apps and iOS 4.3. Anyway I was extremely mad and felt rather duped.

Now I understand Apple never claimed to have an 8Gig 3G and stands by it. However they knew retailers like BestBuy were selling them as 3G. Apple should have made it clear to retailers or atleast have an obvious announcement addressing the problem. That's my opinion.

Anyway I called BestBuy and they had no clue about there not being an actual 3G 8Gig. They're going to send it back since I have the warranty. They're expecting back a 8Gig 3G. Now the warranty states to replace the product including specific models such as 2G, 3G, 4G etc. or upgrade if they can't replace it. It is listed as a 8Gig 3G. Giving me a 2G would be downgrading right? My dad seems to agree and he, luckily for me, is a lawyer. I don't really intend to sue just scare and hopefully we'll make some sort of agreement. :)

Jan 7, 2012 2:46 PM in response to yoyoeuro

yoyoeuro wrote:

Mr. Kriz, you wouldn't happen to be an Apple employee now, would you?

Just read your reply...

Nope... I have never worked for Apple.

I did do my research on this 2nd generation 8GB iPod Touch and that was lucky for me...

I completely understand that this shouldn't be that hard when buying a new product but this product makes the top of the list in not actually knowing what model it is without digging deep....

Glad you were able to return yours and get what you thought you were originally purchasing....

ecazares

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Jan 15, 2012 10:59 PM in response to yoyoeuro

I don't understand why Apple just doesnt allow their new updates for all devices, regardless of what generation it is. If someone's ipod youch is in perfectly good condition why would they want to but a new one just for a few new features. The same thing happened to me as well. With all of my hard earned money( I am 13) i went to the store and thought that i was buying a 8gb 3g ipodtouch, that was a year or two ago. I recently got the newest iphone and gave my ipodtouch to my father. I told him that I would update it and get it ready for him, only to find that version 4.2.1 was the highest this ipod touch would go. Pretty disappointed in Apple.

belk

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Mar 1, 2012 3:04 PM in response to yoyoeuro

I am so mad I just found out this ipod from this discussion is a 2nd gen ipod I have always thought I had a 3rd gen ipod, till recently cetain things would not down load and I thought that was weird, now I went to down load a verrsion of a game I play online and that is how I started investigating my ipod. I feel cheated and robbed at the moment because now there will be so many things I cannot down load or access because of what Apple did with this ipod.

Will37

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Apr 25, 2012 7:42 AM in response to belk

I totally agree! I feel cheated that Apple would discontinue support for an ipod model that is less than two years old! Why is there no software update to allow itune downloads?

Krupen

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May 31, 2012 7:05 AM in response to yoyoeuro

i have an above mentioned ipod, it came with iOS 3.1.3, i upgraded it to 4.2.1 directly.. but now its lagging in this iOS. i just want to know if there is any way i could get back to iOS 3.1.3 or any iOS below 4.2.1 ?

i downloaded iOS 3.1.3 firmware and tried to install it on my ipod by holding SHIFT n clicking on RESTORE in itunes (for windows) but it says that this iOS is not supported on your device..

how is it possible?

iPod Touch 3rd gen. Model MC086LL/A is really 2nd gen.