iPad News: Legal Trouble Looming for Apple and the iPad?

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20100728 applelogo iPad News: Legal Trouble Looming for Apple and the iPad?

Is Apple in possible danger with regards to legal problems and it’s new, highly popular iPad tablet? It could be, as an official lawsuit has been filed against the manufacturer’s of the device. Of course, lawsuits are a dime a dozen these days in the United States, so the fact that one was filed is not exactly a huge surprise. At the heart of the legal motion is the claim that the iPad does not perform up to standards when under direct sunlight, and that it overheats to such a degree that it prematurely powers off. Does this suit have any legs, or is it the case of just another group of people trying to get rich quick off of the iPad’s success?

The plaintiffs in the lawsuit versus Apple and the iPad are Jacob Baltazar, John R. Browning, and Claudia Keller. The attorney representing them in the case is Scott Edward Cole of the Scott Cole & Associates law firm. The case was filed July 23rd at a United States District Court in California’s North District. Besides the three plaintiffs specifically named, the suit alleges that every customer in the United States who purchased an iPad are also involved in the class-action suit.

So, what is all the outcry about? As mentioned earlier, the plaintiffs believe that the iPad is not a suitable device since it cannot perform as needed when placed under direct sunlight, in warm conditions, or other similar environments. They claim that when it is in such elements, it overheats and becomes unusable. Apple has touted the iPad as a reading device, but the plaintiffs believe that since it tends to shut down under conditions that are far from extreme, it is anything but a reading device. They state that actual reading devices, such as books, do not shut down after being put in outdoor conditions. In essence, they are saying that Apple lied to them and the millions of consumers that purchased the tablet, since it does not deliver on its promises.

What do the plaintiffs want to happen to Apple? They want damages payed to themselves (of course), as well as having Apple pay punitive damages to set an example to other companies who might lie to customers and provide false claims about their products in order to induce sales. The actual verbage concerning Apple’s alleged wrongdoings with the iPad’s promotion include breach of warranty, intentional misrepresentation, deceptive advertising practices, fraud, and unfair business practices.

It should be quite interesting to see the results of this case. If they can actually prove that the iPad fails to perform, they might succeed in getting a verdict in their favor. Such negative press could also be a negative blow to the iPad’s record sales and popularity. On the other hand, the suit may have no legs, and the iPad will continue its steady climb around the world.

There Is 1 Response So Far. »

  1. If those same folks would have read the iPad User Manual, they would have known that the Manufacture states that one should keep the iPad from Extreme Conditions. Hot or Cold. I read it in Black and White print the first day I had My iPad___. This Case is without Merit in My opinion. Those folks suing Apple&ATT&T over the Data-Plan have a Case. I would not have bought My 64Gigabyte 3G model if I would have known they where going to change the Data-Plan two_Months_later. Now I feel pressured to keep paying the Thirty-Dollars without_missing_a_payment.

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