Hot iPad lawsuit turns Apple's ads into ammo
Irked owners revise class-action complaint, cite Apple's TV ads showing iPads outdoors
Computerworld - A trio of iPad owners who sued Apple last summer because their tablets overheated have added Apple's own television and Web commercials to their ammunition, court documents show.
"Apple released a commercial depicting use of the iPad in various places, including outdoor locations such as a sidewalk cafe, front steps of a building, and on a grassy lawn, among others," the new complaint stated. "Apple also posted a commercial on its website depicting the iPad being used in a variety of ways, including outdoors while affixed to the dashboard of a car and the gas tank of a motorcycle."
Keller and the others said that they had purchased the iPad after seeing such commercials on television or Apple's site.
"Less than a month after purchase, Plaintiff Claudia Keller attempted to use the iPad outdoors next to her pool in an ambient temperature of less than 90 degrees," stated the complaint. "After less than 5 minutes of use, the device displayed an overheating message and then shut-down."
The three have accused Apple of fraud and deceptive advertising, and of violating California's consumer protection and unfair business practices laws. They want the case awarded class-action status, and have asked for compensatory and punitive damages, "in an amount appropriate to punish Defendant and to deter others from engaging in similar misconduct in the future."
Meanwhile, reports of overheating have trickled into Apple's support forums since the lawsuit was first filed in July.
"Why does my iPad keep overheating? I'm only outside for a few minutes and it shuts off," said a user identified only as "Drew931".
Others on the same thread countered that even under extreme conditions, their iPads worked flawlessly. "I live in Fort Worth, TX and use my iPad for business...I am a contractor and am out in the 100+ degree heat (23 out of the last 24 have been well over 100) for long periods every day with no issues," said "celliott147" last August.
The problem hasn't stopped consumers from buying the iPad. Earlier this week, Apple announced that it had sold 4.2 million tablets last quarter, generating $2.8 billion in revenues, or about 14% of the $20.3 billion Apple generated during the three months.
Gregg Keizer covers Microsoft, security issues, Apple, Web browsers and general technology breaking news for Computerworld. Follow Gregg on Twitter at @gkeizer or subscribe to Gregg's RSS feed . His e-mail address is email@example.com.
Read more about Macintosh in Computerworld's Macintosh Topic Center.
- Path Selection Infographic Path Selection Infographic
- Hyperconvergence Infographic A wide range of observers agree that data centers are now entering an era of "hyperconvergence" that will raise network traffic levels faster...
- Preparing Your Infrastructure for the Hyperconvergence Era From cloud computing and virtualization to mobility and unified communications, an array of innovative technologies is transforming today's data centers.
- How WAN Optimization Helps Enterprises Reduce Costs If you wanted to break down innovation into a tidy equation, it might go something like this: Technology + Connectivity = Productivity. Productivity...
- LIVE EVENT: 5/7, The End of Data Protection As We Know It. Introducing a Next Generation Data Protection Architecture. Traditional backup is going away, but where does this leave end-users?
- On-demand webinar: "Mobility Mayhem: Balancing BYOD with Enterprise Security" Check out this on-demand webinar to hear Sophos senior security expert John Shier deep dive into how BYOD impacts your enterprise security strategy... All Macintosh White Papers | Webcasts
Our new weekly Consumerization of IT newsletter covers a wide range of trends including BYOD, smartphones, tablets, MDM, cloud, social and what it all means for IT. Subscribe now and stay up to date!