Just restart the ipod, it clears the backgrounding apps. Thats one reason backgrounder is finicky, also make sure it is updated to the latest OS. It’s not the ipod, but how you are using it, and no, you won’t be able to exchange it.

Thanks! I didn’t realize how I rarely shut the ipod off rather than putting it on hold.

If its still in warranty make and appointment on apple.com and you can bring it into an apple store and one of their techs can look at it and let you know if there is something wrong with it and if it needs work. I know I got the apple care plan with mine. Apple is pretty good at backing their products, if something is wrong with them.

I agree with @creative1 you ought to use the warranty. It should be good for a year or so. You got the iPod this Christmas so it will be covered for sure.

Fyi I have never shut mine off and have had it since the day after Thanksgiving and haven’t had a problem yet with it.

I had nothing but problems no matter how often I rebooted.

@jerv did you take it into apple then to see if there is a problem with your ipod then? I know I would if I had problems like that, I wouldn’t accept product that I had that many issues with no matter who made it.

@creative1 As to be expected, it functioned fine until the warranty ran out. Considering that my five year old Sansa works fine and I can run apps on my Droid X, I didn’t bother fixing something that caused me mild annoyance even when it worked.
I don’t normally bother with extended warranties, but my experiences show that they are practically mandatory for Apple. Maybe I am cursed?

@jerv funny you say that one because Apple Care is the only extended warranty plan than consumer reports recommends getting, I got it on both my iPod and my MacBook Pro and glad I did in both cases.

@creative1 I prefer stuff that lasts. If that isn’t an option, I prefer stuff that is simple and inexpensive to fix, preferably myself. Too bad Apple doesn’t build like they did back in the day. My PB180 may be heavy and slow, but it still runs.

@jerv Yes I know what you mean I still have my g4 from the late 90’s and it still works better than ever, I consider all the time upgrading it but afraid it may compromise its speed that is still has. It is still fast as can be for such a relic. lol So I just use it with OS9 and do my illustrator and photoshop on it from back then because I still love it.