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Hot on the heels of their public apology for the reception problems that affected the iPhone, Apple has been hit with a lawsuit over an allegation that the iPad overheats easily and switches itself off.

In a complaint filed in Oakland, California, three plaintiffs have accused the technology giant of several nefarious practices, including fraud, deceptive advertising, improper business practices and violations of consumer protection laws.

The trio who initiated the lawsuit – John Browning, Jacob Balthazar and Claudia Keller – stated that they felt misled into purchasing a defective computer device by the claim made by Apple that “reading an iPad is just like reading a book.”

The trio has said that Apple’s claim is inaccurate and they have applied to a judge to make the case a class action one.

Their complaint states:

"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 conditions.

"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.

"This promise, like other portions of Apple's marketing material for the iPad, is false."

According to the lawsuit, the iPad ceases to function when it is exposed to direct sunlight or is used in hot weather. If the complaint is successful, it may open the floodgates for similar complaints in the UK. It is unknown how such a complaint would fare, given that the UK does not enjoy California’s climate, but it highlights the need for users to have comprehensive iPad insurance for eventualities not covered by its warranty.

The iPad was introduced by Apple CEO Steve Jobs in January. Since shipping began in April, the company has sold 3.3 million units and generated revenues of £1.4 billion.

Jobs has described the iPad as “magical” and “revolutionary”, but some users complained about the device overheating within hours of it hitting the streets.               

Keller, Browning and Balthazar have applied for punitive damages, the amount of which will be decided at the trial.