July 29, 2010

Apple facing class-action suit

by

“Three iPad users claim that because the iPad will shut itself off after remaining in direct sunlight for long enough, it fails to meet the promises Apple made about using the iPad as an e-book reader. The group has filed a federal class-action lawsuit in the Northern California district to ‘redress and end this pattern of unlawful conduct,’ according to this report on Ars Technica.

The lawsuit claims that the iPad does not live up to Apple’s claim that “reading on the iPad is just like reading a book.” Ars Technica reports, “This claim is patently false, according to the lawsuit, because a real book can be used in ‘the sunlight or other normal environmental conditions’ without shutting off.”

They go on to say:

When the iPad’s operating temperature reaches a critical level, it will force itself to shut down and display a message warning the user to let the device cool down before trying use it again. This warning is the same that iPhones and iPod touches give before shutting down when they overheat, often after being left in direct sunlight….

The iPad may not work “just like a book” at the beach or out in the hot sun. Does that fact truly make Apple guilty of fraud, negligent misrepresentation, deceptive advertising, unfair business practices, breach of express or implied warranty, intentional misrepresentation, or unjust enrichment? The plaintiffs are seeking class-action status and asking for an injunction against Apple’s “false” promises as well as “real” and punitive damages.

Chris Walters’ post over at the Consumerist wonders:

If the plaintiffs win, I think Apple should also be forced to install a wind sensor so that pages flip automatically when you’re outdoors in a strong breeze. Then the company could sell an “iPadWeight” wireless accessory ($69) that you would have to put on top of the screen to “hold down” the pages. A wireless “iMark” ($29) that would function as a bookmark wouldn’t be a bad idea, either.

All schadenfreude aside friends, this case does seem to fail the “reasonable person” test quite miserably. But, hey, this is America. You can sue for anything!

Valerie Merians is the co-founder and co-publisher of Melville House.

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