Legal News: Baltazar v. Apple, Case No. C10-03231, Northern District of California
Here comes another class action Complaint against Apple, this one filed July 23, 2010 and involving the iPad. There are three named Plaintiffs standing as representatives of a putative class. I had read in a blurb on the Apple web that the case was about an overheating issue with the iPad, and yes it is, but it is also more. Specifically, here are the pertinent allegations from the Complaint:
They claim that the iPad turns off in direct sunlight with any air temperature, sometimes only after a few minutes of use. They further claim that this is well known across the Internet. Seriously, I read about this in brief blurbs in a few articles, but that is it.
The counts allege include:
Is it just me, or do you also get the impression that they don't like their iPads? As usual, I will update the readers as more developments occur.
In addition to her position as Assistant Editor at World of Apple, dizzle runs idrankthekoolaid, an Apple fangrl satir...
Here comes another class action Complaint against Apple, this one filed July 23, 2010 and involving the iPad. There are three named Plaintiffs standing as representatives of a putative class. I had read in a blurb on the Apple web that the case was about an overheating issue with the iPad, and yes it is, but it is also more. Specifically, here are the pertinent allegations from the Complaint:
Among the iPad's many features is "iBooks," an ebook application which allows the Ipad to act as an eBook reader, complete with Apple's own bookstore, a feature that also put the iPad in competition with the Amazon Kindle and/or other e-readers. The presence of this and other iPad applications such as an email reader, the "Safari" web browers, "iTunes," "iPod," and the availability of numerous built-in and add-on applications, makes the iPad an attractive tool for consumers desiring the option of the extended use of the product both indoors and outdoors, and under variable
environmental conditions.
Indeed, according to the www.apple.com website, "[r]eading on the 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 enviroments. This promise, like other portions of Apple's marketing material for the iPad, is false.
Specifically, the iPad does not live up to the reasonable consumer's expectations created by Apple insofar as the iPad overheats so quickly under common weather ocnditions that it does not function for prolonged use either outdoors, or in many other warm conditions, for a variety of common uses such as, but no necessarily limited to, an e-reader, email too, web browser and/or game/entertainement unit.
They claim that the iPad turns off in direct sunlight with any air temperature, sometimes only after a few minutes of use. They further claim that this is well known across the Internet. Seriously, I read about this in brief blurbs in a few articles, but that is it.
The counts allege include:
- Fraud
- Negligent Misrepresentation
- Deceptive Advertising Practices
- Consumer's Legal Remedies Act
- Unfair Business Practices Under the Unfair Competition Act
- Breach of Express Warranty
- Breach of Implied Warranty
- Intentional Misrepresentation
- Breach of Song-Beverly Consumer Warranty Act
- Unjust Enrichment
Is it just me, or do you also get the impression that they don't like their iPads? As usual, I will update the readers as more developments occur.
In addition to her position as Assistant Editor at World of Apple, dizzle runs idrankthekoolaid, an Apple fangrl satir...
