More proof there are too many lawyers in the U.S. A California law firm filed a class action lawsuit (Baltazar vs. Apple) against Apple claiming that Apple has done a whole lot of bad things with respect to its iPad. Here are some choice portions of the complaint:
“according to the www.apple.com website, ‘[r]eading on iPad is just like reading a book.’ However, contrary to this promise, using the iPad is not ‘just like reading a book’ at all since books do not close when the reader is enjoying them in the sunlight or in other normal environmental environments. This promise, like other portions of APPLE’s marketing material for the iPad, is false.”
“Specifically, the iPad does not live up to the reasonable consumer’s expectations created by APPLE insofar as the iPad overheats so quickly under common weather conditions that it does not function for prolonged use either outdoors, or in many other warm conditions, for a variety of common uses such as, but not necessarily limited to, an e-reader, email tool, web browser and/or game/entertainment unit.”
“nowhere in any of APPLE’s advertising materials which market the iPad to consumers does APPLE mention that the iPad is virtually unusable when sitting in particular environmental conditions (e.g., in direct sunlight in connection with virtually any ambient air temperature) since it turns off, sometimes after just a few minutes of use.”
“Class Members were misled into purchasing the iPad, unjustly enriching Defendant at the expense of these consumers.”
Is it possible that any purchaser of an iPad believed the iPad was just like a book? The complaint alleges the following causes of action:
- Fraud
- Negligent misrepresentation
- Deceptive advertising practices
- Violation of the California Consumers Legal Remedies Act (California Civil Code §1750, et seq.)
- Unfair business practices under the California Unfair Competition Act (California Business & Professions Code §§ 17200-17208)
- Breach of express warranty
- Breach of implied warranty
- Intentional misrepresentation
- Breach of Song-Beverly Consumer Warranty Act (California Civil Code § 1790, et seq.)
- Unjust enrichment
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