A quick note on the recent news (Jul 23) that an Oakland based law office (Scott Cole and Associates) has filed a class action suit against Apple at the US District Court/Northern District of California.
The plaintiff is seeking a jury trial in conjunction with multiple allegations of breach of law by Apple (mostly revolving around the device’s alleged overheating when used outdoors) – see below for details.
The plaintiff has posted the following their website:
After substantial investigation, Scott Cole & Associates, APC has filed a class action lawsuit on behalf of the millions of purchasers of Apple’s iPad tablet computer. Among the claims, the Complaint alleges fraud and violations of applicable false advertising laws arising out of the iPad’s tendency to overheat and cease functioning* under normal environmental conditions. (* emphasis added by IO)
You can download a full version of the filing at the following location (18 Pages, PDF): http://www.scalaw.com/cases/complaints/Baltazar.pdf
Turn to page 6 of the filing (link to PDF file above) for the key allegations – here the allegation that caught my eye (Page 6, Line 24):
21. 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 conditions that it does not function for prolonged use either outdoors, or in many other warm conditions, for a variety of common uses such as, bot not necesarily limited to, an e-reader, email tool, web browser and/or game/entertainment unit.
This is going to be an interesting one…
