Apple is facing a new legal battle, this time for alleged issues with the computer giant’s popular iPad tablet device. A class-action lawsuit has been filed in the state of California by three residents who are accusing Apple of misrepresenting the iPad in marketing campaigns.
The lawsuit stems from performance issues that the plaintiffs, Jacob Baltazar, Claudia Keller, and John R. Browning, all claim to have experienced while using their iPad tablets. The problems include overheating in common warm weather conditions and an inability to read the iPad screen in direct sunlight.
Baltazar, Keller, and Browning state in the suit that they were "misled into purchasing the iPad,” because of Apple’s marketing text for the iPad which says that, “Reading on iPad is just like reading a book.” The suit states that Apple’s "concealment, misbranding, and non-disclosure were intended to influence consumers' purchasing decisions and were done with reckless disregard for the rights of consumers." Charges alleged against Apple include fraud, negligent misrepresentation, deceptive advertising practices, and unjust enrichment.
The claims against Apple are not really a surprise considering that iPad customers have been complaining about these very same issues all over the internet since the device launched several months ago. It seems that many people have purchased the iPad expecting to get an advanced eReader, but are surprised that the reflective LED display does not hold up in the sun as well as the E Ink screens on devices like Amazon’s Kindle.
Environmental requirements on the iPad Technical Specifications website state that the operating temperature range for the device is 32° to 95° F (0° to 35° C). Certainly direct sunlight, especially in some parts of California and the Southwest US, can often result in temperatures much higher than 95° F.
So has Apple misrepresented the iPad to their customers through advertising, or have the customers made too many assumptions regarding the devices capabilities? That will be a decision to be made by the US District Court in Oakland once the case goes to trial.
