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Apple hit with new lawsuit over iPad overheating in direct sunlight

post #1 of 118
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A new lawsuit takes aim at Apple over the temperature of the iPad when left in direct sunlight, alleging that the company's multi-touch tablet overheats and turns off too quickly when in the heat.

Filed in a U.S. District Court in the North District of California last week, the lawsuit accuses Apple of falsely advertising the iPad as a reading device when, the defendants claim, it cannot be used outdoors due to overheating.

"Using the iPad is not 'just like a reading book' at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments," the complaint reads. It alleges that Apple's iPad advertising, which claims that reading on the iPad is "just like reading a book," is false.

The suit alleges that complaints about overheating of the iPad "have become prevalent across the Internet and within technology circles." Despite these complaints, it says, Apple has taken no action to warn consumers about use of the iPad outdoors.

"The iPad overheats so quickly under common weather conditions that it does not function for prolonged use either indoors, or in many other warm conditions, for a variety of common uses such as, but not necessarily limited to, an e-reader, e-mail tool, Web browser and/or game/entertainment unit," it states.

The plaintiffs, Jacob Baltazar, Claudia Keller and John R. Browning, have filed a class-action lawsuit against Apple. They have asserted that all consumers in the U.S. who have purchased an iPad are parties in the suit.



Apple is accused of numerous misdeeds, including fraud, negligent misrepresentation, deceptive advertising practices, intentional misrepresentation, breach of warranty, and unfair business practices under the Unfair Competition Act.

The case asks that a jury award the plaintiffs damages, and also assign punitive damages to Apple to "punish" the company and "deter others from engaging from similar misconduct in the future." It was filed on July 23 by attorney Scott Edward Cole with Scott Cole & Associates.
post #2 of 118
I have a long list of things that overheat in direct sunlight if this wins. Living in Florida I know about such things
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post #3 of 118
Quote:
Originally Posted by AppleInsider View Post

"The iPad overheats so quickly under common weather conditions that it does not function for prolonged use either indoors, or in many other warm conditions, for a variety of common uses such as, but not necessarily limited to, an e-reader, e-mail tool, Web browser and/or game/entertainment unit," it states.

Maybe they need to learn how to ready before they start using the iPad as an eBook reader.

Quote:
Environmental requirements
Operating temperature: 32° to 95° F (0° to 35° C)
Nonoperating temperature: -4° to 113° F (-20° to 45° C)
Relative humidity: 5% to 95% noncondensing
Maximum operating altitude: 10,000 feet (3000 m)
post #4 of 118
What's wrong with sitting in the shade or in the alternative place your iPad on a large block of ice on your lap while sitting in the sun.

Maybe Apple will be sued for skin cancer since the iPad encourages people to sit in the sun
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post #5 of 118
I like lawsuits like this, no data to say what the temp it was outside how long before it turns off, they just say fast, and over heats what exactly does they mean. I think if you look up the operating spec of the ipad it probably says 35C or 95F so putting anything in direct sun light on a normal day over time that item will get hotter then 95 F, the dash of car in AZ on a summer day gets to 85C.
post #6 of 118
Seriously?
post #7 of 118
Gulp!

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post #8 of 118
Quote:
Originally Posted by NasserAE View Post

Maybe they need to learn how to ready before they start using the iPad as an eBook reader.

Correct. It's not the temperature outside as much as it's the temperature outside lowering/raising the temperature of the machine outside it's operational threshold.

This lawsuit is going nowhere.
post #9 of 118
Not only can the iPad not be treated "just like a book" in regards to reading outdoors in direct sunlight - but it fails to operate after being used to balance the short leg on a coffee table, a problem not suffered by a book. In further testing I have determined that while a book can be dropped form a 10 story building with little or no effect, the same is not true of the iPad - clearly Apple is perpetrating the single most blatant of all marketing inaccuracies ever in the history of advertising and should be made to pay accordingly.

Other problems - pages cannot be torn out and used to start a fire - drawing on it with pen, pencil, marker, etc is nothing whatsoever like writing on a book.

Obviously - the marketing "treat it like a book" has to do with the logical interface and or content of a book - not the physical manifestation of the material from which a book it made. Well, okay it must not be obvious.

Maybe I should sue God - I have problems operating correctly and a shortened lifespan when I am left out in the sun for too long - sounds like a serious design flaw to me.

Now I am thinking there is a good reason why Apple's (and in fact a lot of commercial advertising) has little or nothing whatsoever to do with the product - because anytime you say anything that is not designed to be utterly meaningless some moron is going to sue you because the G4 is not really a SuperComputer.
post #10 of 118
In related news, lighter close to gasoline causes explosion.
post #11 of 118
Maybe they need to add to the lawsuit the fact that the iPad, unlike paper books, can run out of battery and shutdown becoming unusable
post #12 of 118
I can think of no better way to be the target of Jobs' full and complete rage than to attempt a completely unjust suit, right now.
post #13 of 118
Quote:
Originally Posted by mdriftmeyer View Post

Correct. It's not the temperature outside as much as it's the temperature outside lowering/raising the temperature of the machine outside it's operational threshold.

This lawsuit is going nowhere.

Another attempt by Bloomberg to piss off Apple by making an issue of this. They were the ones who broke the story that Steve Jobs had died by publishing his obituary and also were the ones who claimed that Apple engineers had prior knowledge of the iPhone antenna issues (which Steve described as "total Bulls**t"
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post #14 of 118
This is exactly the kind of thing that ultimately turns kind kings evil. Take this crap long enough and eventually you find yourself ordering hit jobs on people.
post #15 of 118
"Normal environmental environments" - seriously? What kind of lawyer wrote this?!?
post #16 of 118
SO if left in direct sunlight for a period of time and this thing gets too hot, it shuts down.

That's definitely a reason to sue!

What happened to end user responsibility for the reasonable care, maintenance and upkeep of purchases?

The world has officially gone crazy. Hope this one is thrown out in a hurry.
post #17 of 118
I have the same problem with chocolate. Maybe I should sue all chocolate makers because I can't enjoy my melted chocolate in direct sunlight because it overheated.

Seriously though... all of the frivolous lawsuits have an impact on Apple earnings and shareholder equity. I think what is needed is a class action suit by Apple shareholders against all these people who file these frivolous suits. Some are justified, but ones like this are beyond intelligence.
post #18 of 118
Quote:
Originally Posted by woofpup View Post

"Normal environmental environments" - seriously? What kind of lawyer wrote this?!?

The kind that knows if he puts the actual specific temperature in the documents he filed that he wouldn't get the case heard at all.

In other words, a corrupt shyster of a lawyer.
post #19 of 118
A glass of milk does the same thing.... Point??
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post #20 of 118
This is truly just taking the piss.
post #21 of 118
The reading part seems the same to me, my eyes scan across consecutive glyphs to form phonetic approximations of words my brain recognizes, and combines them into coherent sentences and thoughts for processing.

It doesn't say "it acts just like a book". I can't tear a page out of it, I can't lose the dust cover, I can't write with a highlighter (well I can but that damn text keeps moving around when I read the next bit and the glass keeps highlighting the old location on the glass, damn!), I can't reliably prop up a wobbly table leg without likely puncturing or fracturing the glass cover, I can't make sure all the words don't change into some other book than the one it originally contained, and it doesn't swell up when it gets wet.
post #22 of 118
The same jackholes would likely have sued if instead of shutting down in high temperature - the iPad instead swelled to three times its thickness and oozed corrosive materials from the battery causing the user physical injury. and if THAT was the case - then MAYBE - they would have a basis - PROVIDED they were not exceeding the supported operating environment.

Some of IBM's most recent documents for servers require that customers ensure their environments are low dust - lots of airflow to keep these things cool - and dust is the enemy.

Let's see - need to sue auto manufacturers as well because I can drive a car faster than is safe to do so and then am unable to brake hard enough going into that hairpin turn to avoid going over the cliff - clearly the fault of the manufacturer especially when they show commercials of their cars moving.
post #23 of 118
Me thinks these folks have been sitting out in the sun too long.
post #24 of 118
"Apple is accused of numerous misdeeds, including fraud, negligent misrepresentation, deceptive advertising practices, intentional misrepresentation, breach of warranty, and unfair business practices under the Unfair Competition Act."

Wow. Good luck proving ANY of those things. If I were defending this, I would just say "Judge, here is a printout of the Web page that clearly states the operating conditions top out at 95 degrees F and here's where the same thing is printed on the box. Here is our test data showing that an iPad can operate under heavy load for xx hours at 95 degees + y. Yes it would be nice if we could ignore the rules of physics and design an identical product that can operation in 140 degree direct sunlight, but we can't. And we clearly said that the iPad can't. Oh and we'd like to countersue for court costs plus add a penalty for gross abuse of the legal system."
post #25 of 118
Quote:
Originally Posted by Landcruiser View Post

I have the same problem with chocolate. Maybe I should sue all chocolate makers because I can't enjoy my melted chocolate in direct sunlight because it overheated.

Seriously though... all of the frivolous lawsuits have an impact on Apple earnings and shareholder equity. I think what is needed is a class action suit by Apple shareholders against all these people who file these frivolous suits. Some are justified, but ones like this are beyond intelligence.

As Chocolate manufactures from around the world deny that their products suffer adverse affects from being exposed to temperature ranges outside that of an air conditioning living room - the M&M Mars corporation holds a press release to announce that ALL chocolate suffers from temperature related impact to their performance - which is why they have being including "Bumper Cases" on M&Ms candies including plain, peanut, pretzel, mini, and including various dark chocolate etc and has been including these "candy shells" on such product for years.

The media responds to the M&Ms press release by asking why still no "white" chocolate M&Ms? are you artificially restricting the availability of white M&Ms just to increase demand? Other critics have pointed out that the M&Ms bumper does not really solve the problem of temperature induced performance impacts on the chocolate itself - but the bumpers do help tremendously with the those who were told that they were holding the chocolate wrong.
post #26 of 118
Quote:
Quote:
"The iPad overheats so quickly under common weather conditions that it does not function for prolonged use either indoors, or in many other warm conditions, for a variety of common uses such as, but not necessarily limited to, an e-reader, e-mail tool, Web browser and/or game/entertainment unit," it states.

Maybe they need to learn how to ready before they start using the iPad as an eBook reader.
Quote:
Environmental requirements
Operating temperature: 32° to 95° F (0° to 35° C)
Nonoperating temperature: -4° to 113° F (-20° to 45° C)
Relative humidity: 5% to 95% noncondensing
Maximum operating altitude: 10,000 feet (3000 m)

Well, as much as I think this suit is ridiculous, I do have to be fair to them here:

The ambient temperature can be well under 95 F and it be too hot for the iPad (or in my case, iPhone) to operate, because if it's in direct sunlight it's usually heating up far beyond the ambient. This is NOT covered by the Apple statement.

But I mean, c'mon. This is common sense.
post #27 of 118
Quote:
Originally Posted by drhamad View Post


But I mean, c'mon. This is common sense.


Common sense - is all too uncommon these days.

The latest iPad accessory: http://www.movincool.com/images/products/10/pic1_s.jpg generator not included
post #28 of 118
i'm surprised these geniuses / business savants didn't call 911 when their ipads started to overheat (allegedly)
post #29 of 118
Quote:
Originally Posted by lilgto64 View Post

As Chocolate manufactures from around the world deny that their products suffer adverse affects from being exposed to temperature ranges outside that of an air conditioning living room - the M&M Mars corporation holds a press release to announce that ALL chocolate suffers from temperature related impact to their performance - which is why they have being including "Bumper Cases" on M&Ms candies including plain, peanut, pretzel, mini, and including various dark chocolate etc and has been including these "candy shells" on such product for years.

The media responds to the M&Ms press release by asking why still no "white" chocolate M&Ms? are you artificially restricting the availability of white M&Ms just to increase demand? Other critics have pointed out that the M&Ms bumper does not really solve the problem of temperature induced performance impacts on the chocolate itself - but the bumpers do help tremendously with the those who were told that they were holding the chocolate wrong.

Hot diggity, LOL Supposed to melt in mouth not hand! Sue sue sue sue sue sue !!!
post #30 of 118
I shut down if you leave me out in the sun for too long, thanks to my baldy head.

I'm going to sue toupee manufacturers for failing to produce a product to protect my head that doesn't make me look like a dick.
post #31 of 118
F*** these lawyers.
post #32 of 118
Lots of things overheat in direct sunlight. These lawsuits are about money for the lawyers. Not that I'm saying anything new. Arrogant evil fkcrz.
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post #33 of 118
Everybody wants free money. What a frivolous lawsuit. We all foot the bill in higher costs for merchandise, insurance premiums and delays in product releases. It makes me pretty angry that people are so selfish and greedy.
post #34 of 118
Countersuit! We should all join in a class-action suit to sue the people filing this suit. Reason: Negatively affecting the stock price and generating ill will toward Apple fans.

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post #35 of 118
I have to say, living in the cold and rainy UK, I was surprised when I took my iPad to Italy this summer and saw the overheating message for the first time. But also because I'm not American, my first thought when something unexpected happens isn't "who can I sue?" (I realise not all Americans are like that, but there is certainly a litigation culture - personally I blame the lawyers!)

I haven't seen the claim that the iPad is "just like reading a book" - perhaps that's an ad unique to America? As others have pointed out, I can think of several ways the iPad differs from a book! Perhaps over here that would amount to false advertising (remember how Apple had to remove their claim that the iPhone accesses the "full internet" because of our slightly over-the-top advertising rules) but how can you sue over this?

I'm not an expert in US law, but the idea of compensation/damages is to put you back in the position you would have been in if it weren't for the act or omission, so basically your award would be a refund of the price of your iPad? Are these people claiming they were so traumatised by the overheating experience that they need more cash?
post #36 of 118
Apple in "Things get hot in the sun" lawsuit shocker?

Excuse me, I'm off to sue my local theme park for getting wet on the log flume and river rapids.
post #37 of 118
I'm getting pretty sick of my phone getting hot when I stick it in the oven... I think I'll sue HTC.
post #38 of 118
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post #39 of 118
I read in a post here on AI a while back that had a buyer ask about that issue to a rep at an Apple store. The rep mentioned that it wasn't actually a "heating" problem per-se but more of a safety feature that prevents the iPad from being damaged from the heat.

Where other electronics would simply fry, Apple designed the iPad to prevent self-destruction should the owner decide to leave that thing out in the sun.

Dumba** lawyers. I think Apple should go after these guys.
post #40 of 118
Quote:
Originally Posted by drhamad View Post

Well, as much as I think this suit is ridiculous, I do have to be fair to them here:

The ambient temperature can be well under 95 F and it be too hot for the iPad (or in my case, iPhone) to operate, because if it's in direct sunlight it's usually heating up far beyond the ambient. This is NOT covered by the Apple statement.

But I mean, c'mon. This is common sense.

I think you are basically just making this up. Please point to the study or article or your personal tests that even indicate this is true, let alone prove it.

If, as you say, the iPad overheats when the ambient temperature is 95 degrees fahrenheit then these people actually have a good case and Apple is on the hook for millions in damages.

I don't believe this is true. I think you are just assuming stuff here that isn't actually in evidence.
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