Apple sued over hot iPad shutdowns
Cold blooded tablet
Apple's iPad can shut down if it gets too hot, and Jacob Baltazar, Claudia Keller, and John Browning are as mad as hell and aren't going to take it anymore.
Those unhappy iPadders have filed suit against Apple — and they're asking the court to elevate their claim to class-action status.
Their lawsuit, filed in the US District Court, Northern District of California, alleges that "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."
Your Reg reporter notes that his iPad has never suffered from this alleged failing — although he hastens to add that during this typically frigid summer in fog-bound San Francisco, "warm conditions" are few and far between.
Baltazar et al are miffed that "the iPad is virtually unusable when sitting in particular environmental conditions (e.g., in direct sunlight with virtually any ambient air temperature) since it turns off, sometimes after just a few minutes of use."
The suit snippily observes that "according to the www.apple.com website, '[r]reading on iPad is just like reading a book.' However, contrary to this promise, 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. This promise, like other portions of APPLE's marketing material for the iPad, is false."
The Reg pauses to consider the lovely phrase "environmental environments", then moves on...
The complaint asks for no specific damages, but otherwise leaves few legal stones unturned: relief is sought based on ten "Causes of Action", including fraud, negligent misrepresentation, deceptive advertising practices, unjust enrichment, breach of both express and implied warranties, and violations of California's Consumer Legal Remedies, Unfair Competition, and Song-Beverly Consumer Warranty acts.
The plaintiffs' lawyers, Scott Cole & Associates, are similarly fastidious in bolstering their case: they've set up a website called — what else? — ipadoverheating.com, to troll for more complainants. If your iPad is taking a dive when you use it under the summer sun, feel free to join the crusade.
Or not. As MacDailyNews reminds us, the iPad's "Important Product Information Guide" advises, with tradition Cupertinian disregard for both definite and indefinite articles: "Operate iPad in a place where the temperature is between 0° and 35° C (32° to 95° F). Low- or high-temperature conditions might temporarily shorten battery life or cause iPad to temporarily stop working properly."
We'll leave it to the wisdom of the court to decide: fraud, caveat emptor, or simply RTFM? ®
Just take the piece of crap back and get your money back. Frigging greedy arseholes piss me off. And I hate apple with passion.
NO! The right to sue is the AMERICAN WAY!
Don't like the rain today? SUE THE WEATHER FORECASTER!
Don't like the way your mouse picks up fluff? SUE APPLE!
Don't like the way your teeth get cold when you have ice-cream? SUE THE ICE-CREAM MAKER!
Here in Commonwealth lands, we just whine a bit.
Legal action is the American way of whining. One of my favourite Americans, Jamie Hyneman, has the solution to this problem: "Go have a cookie."
Your iPad getting too hot is telling you to go have a beer and/or cookie. If you are overly religious and believe beer to be the drink of the devil; I suggest you die, then complain to God in person, I'm sure he'll listen and provide you with free legal advice.
I think you will find that they clearly just want apple to stop lying in their advertising.
That's why they aren't seeking damages, but a fine.
Maybe they're holding it wrong?
Do what John?!
Are you a moron or something? The consumer protectionlaws are to protect you, the consumer, from being ripped off by businesses. You may not realise it but businesses do not care about you, all they want is your money. If they can sell you crap they will sell you crap. If they can lie to you just to get you to buy something then they will damn well lie to you. Why? As stated, they just want your money - THEY DO NOT CARE ABOUT YOU.
If you buy something and it does not live up to its promise, that the business said it can do this and that and it bloody well can't, then you are entitled to a refund.
If you buy something and it turns out to be faulty then you are entitled to a refund.
If you buy something and it breaks within the expected lifetime of the equipment, which in the UK is 6 years, then you are entitled to either the business fixing it for you or replacing it.
If you find this a horrifying scenario, that you have the right to get a refund when a business rips you off through lies, or you have the right to get a refund or items fixed/replaced if they break within a certain period of time, then you are a complete and utter moron.
A title is required here
Just move to a colder climate.
Not that big of a deal.