And the hits just keep on coming for Apple, Inc.
Recently we’ve talked about reception problems with Apple’s iPhone 4, a possible class action over iPhone locking, and the US Copyright Office’s decision that jailbreaking an iPhone isn’t illegal; now there’s another legal action in the works against the software giant.
On July 23, a potential class action lawsuit against Apple was filed in a California federal court, alleging that the company’s new iPad tablet “does not live up to the reasonable consumer’s expectations created by Apple insofar as the iPad overheats so quickly under common weather conditions that it does not function for prolonged use outdoors, or in many other warm conditions.”
The complaint refers to the iPad’s use in direct sunlight, which the suit alleges, causes the unit to overheat and turn off. One of the iPad’s main selling points is that it allows users to read magazines and books, and indeed, the three plaintiffs in the case claim they were tricked by Apple’s assurance that “reading on iPad is just like reading a book.”
“Using the iPad is not ‘just like reading a book’ at all,” the complaint states, “since books do not close when the reader is enjoying them in the sunlight or in other normal environmental conditions.”
The plaintiffs, who are seeking certification as a class, allege that Apple has engaged in deceptive advertising and fraud and has sold defective iPads to customers.
Apple sold over 3 million iPads in the second fiscal quarter, with the $2.17 billion in sales representing nearly 15% of the company’s revenues. ComputerWorld has gathered a list of complaints of iPad overheating that have been placed around the Internet since the units were first sold.
The plaintiffs seek compensatory and punitive damages; Apple has had no comment on the pending litigation.