Wednesday, Jul 28, 2010    Text size: 

The plaintiff’s also claim the iPad can’t function outdoors or under warm conditions, tending to overheat quickly and shutdown when exposed to sunlight or warmth, “sometimes after just a few minutes of use,” the suit says.

The lead plaintiffs in the case say they were duped into buying a defective product by Apple’s claims that reading on the iPad is “just like reading a book.”

According to the suit, “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 environments. The promise… is false.”

The class claims that “nowhere in Apple’s advertising materials does Apple mention the device is unusable when sitting in particular environmental conditions.”

The suit says, “Defendant’s concealment, misbranding and non-disclosure were intended to influence consumer’s purchasing decisions and were done with reckless disregard for the rights of consumers.”

The plaintiffs are seeking injunctive relief “to stop defendant’s misconduct and fraudulent business practices,” according to the complaint.

The class action demands an unspecified amount of punitive damages for breach of warranty, intentional misrepresentation and unjust enrichment.

Apple has maintained a support documenton the topic of overheating dating back to at least the iPhone 3G, updating it periodically to now include the iPhone 3GS, iPhone 4 and iPad.