Not long after the Who's Pete Townsend warned against iPods and hearing loss, a Seattle-based law firm filed a proposed nationwide class-action lawsuit against Apple Computer on behalf of consumers, alleging the company's digital music and video players – known as the iPod series - are defectively designed and do not provide sufficient warning against possible hearing loss.

The suit, filed in US District Court in San Jose California, seeks to represent millions who have suffered or may suffer from noise induced hearing loss as a result of Apple's alleged design flaws and failure to adequately warn consumers.

According to the complaint, Apple's MPs can reach 130 decibels (DB) – comparable to an air raid siren – well beyond safe listening levels. Studies indicate that hearing loss may occur after 28 seconds of sound at 130 DB, the complaint claims.

The suit also alleges that in 2002, Apple was forced to pull its MP devices from stores in France after the country imposed a limit of 100 DB for personal listening devices. According to the complaint, Apple responded by offering upgraded software in its European MP models to limit the sound output to 100 DB - yet continues to sell its MP's in the United States with dangerous sound capabilities.

The complaint also claims that Apple does not include a warning about the dangers of hearing loss that can occur after prolonged exposure to sound, even at a reasonable volume. The suit seeks compensation, and software upgrades for purchasers of the devices including new headphones that block out background noise and better protection for the ear canal.

And, to no one's surprise, the complaint also asks the Court to award attorney's fees.