U.S. District Court Judge Jeremy Fogel has dismissed a lawsuit that accused Apple of fraud, deceptive advertising and violating California’s consumer protection and unfair business practices laws by making, marketing and selling defective tablets. Last July, the three plaintiffs — Jacob Balthazar, Claudia Keller and John Browning — said they were duped into buying a defective device by Apple’s claim that “reading on iPad is just like reading a book.”
“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 outdoors, or in many other warm conditions,” the complaint read. According to the class complaint, the iPad unexpectedly shuts down in warm weather or when it’s in direct sunlight.
Fogel said that the trio’s original charges were inadequate, notes “Computerworld.” “The Court concludes that these allegations are insufficient,” Fogel wrote in his order. “At the least, 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.”
