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Tuesday, July 27, 2010

iPad Owners Sue Apple In Class Action Suit

Posted By on Tue, Jul 27, 2010 at 2:15 PM

click to enlarge Steve Jobs -- and vampires -- need not worry about taking the iPad out in the sun...
  • Steve Jobs -- and vampires -- need not worry about taking the iPad out in the sun...
If Steve Jobs has been slamming his head into the wall over the iPhone 4 "Antennagate" debacle, here comes another legal slap from unsatisfied customers: A trio of iPad owners are suing Apple in a class action lawsuit alleging the device overheats and shuts down when used in direct sunlight. That's a bit of a problem.

The suit,

filed Friday in in U.S. District Court in Oakland, claims the iPad

"overheats so quickly under common weather conditions that it does not

function for prolonged use either outdoors, or in many other warm

conditions..." The suit throws Apple's claim

that "reading on iPad is just like reading a book" in the company's

face: "...using the iPad is not 'just like reading a book' at all since

books do not close when the reader is enjoying them in the sunlight or

in other normal environmental environments." Damn, they had a good line

going there until the "environmental environments" bit.

Anyways, the suit alleges that the company has simply ignored the talk in the blogosphere about

the iPad getting hot under the collar. It smacks the company with

charges of fraud, negligent representation, deceptive advertising

practices, and unfair business practices. The class is suing for damages for the plaintiffs and punitive damages from Apple; California plaintiffs want restitution under the

California Business and Professions Code. The listed complainants are

Jacob Baltazar, Claudia Keller, and John R. Browning, but the suit extends to any person who has purchased the first-generation device.

No word on how Apple is handling the heat. Unlike the iPad, they probably won't shut down. 

H/T   |  Courthouse News

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Lauren Smiley


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