This past July, a trifecta of fools from California filed a class-action lawsuit alleging that the iPad overheats and turns itself off in what they described as ordinary weather conditions. The suit accused Apple of fraud, negligent misrepresentation, deceptive advertising practices, intentional misrepresentation, breach of warranty, and unfair business practices.
Their complaint stated:
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 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.
Flash forward to mid-February where the case was summarily dismissed by a U.S District Court Judge Jeremy Fogel who noted that the plaintiff’s allegations were insufficient.
“At the least,” Fogle wrote, “Plaintiffs must identify the particular commercial or advertisement upon which they relied and must describe with the requisite specificity the content of that particular commercial or advertisement.”