SAN FRANCISCO (CN) – Apple falsely marketed its iPad as able to be used outdoors, a class claims in Federal Court, saying the iPad tends to overheat quickly and shuts down when exposed to sunlight or warmth, “sometimes after just a few minutes of use.”
“In a nutshell, if you look at Apple’s marketing material regarding the iPad, it’s clear that the device is marketed at least in part as usable outdoors and what we’ve found is that the device actually shuts down within a few minutes outdoors at temps well below the 90 degree threshold,” said attorney Michael Lubofsky with Oakland law firm Scott Cole and Associates, which represents the class.
“That really goes against the expectations of the consumers. We’re talking about real normal temperatures. They didn’t give people any indication that they wouldn’t be able to use it outdoors.”
Nowhere in Apple’s marketing materials does it mention the iPad’s tendency to overheat and become unusable, lead plaintiffs Jacob Balthazar, Claudia Keller and John Browning claim.
In an interview, Lubofsky noted the misleading nature of the advertisements for the iPad on Apple’s website.
“There’s someone who Velcroed their iPad to their car dashboard,” he said. “With the sunlight coming in through the windshield, there’s no way that would last for more than a few minutes.”
The class demands an undisclosed amount in punitive damages for fraud, false advertising, intentional misrepresentation and unjust enrichment.
Attorneys for Apple did not respond to interview requests, and with no response filed, Lubofsky said it is too early to say what the class’ next move will be.
“We really don’t know how this is going to unfold since Apple hasn’t made a statement,” he said.