Class action for the iPod Nano?

According to macuser (reading requires subscription), unhappy consumers from San Jose (California) are about to undertake law action against Apple. The class action file reportedly concerns the iPod nano screen which, even under normal use, will get scratched so much, it might become unusable. If this action goes to its end, it would be the first time this matter often commented already would result in law action.
Even if they don't comment upon this particular file – plaintiffs require full refund for hidden default, which Cupertino will not acknowledge, – Apple recommends the use of protections.
It seems they don't know how long it took to find some for buying... which undoubtedly disadvantaged the first people who bought the nano.