Printed from http://www.electronista.com

Court dismisses suit claiming iPhone 4S ads misrepresented Siri

updated 04:54 pm EST, Fri February 14, 2014

Says 'reasonable consumer' wouldn't expect Siri to work perfectly

A judge for the US District Court for the Northern District of California, Claudia Wilken, has dismissed a lawsuit claiming that Apple ads for the iPhone 4S were deceptive about the capabilities of Siri. In her ruling Wilken writes that the plaintiffs' claims depended on "non-actionable puffery," and failed to show evidence of fraud. A "reasonable consumer," she says, would not expect Siri to work perfectly all the time; the plaintiffs charged that Apple gave the impression Siri could handle any request instantly.

"Apple made no promise that Siri would operate without fail," Wilken comments. The ruling also complains about the timing of the lawsuits the case stems from, which were originally filed separately two years ago by Frank M. Fazio, Carlisa S. Hamagaki, Daniel M. Balassone, and Benjamin Swartzmann. Fazio filed suit on the same day he sent a letter to Apple about his intentions. Balassone and Swartzmann were similarly quick to act, filing their suit four days after a similar letter. In neither situation did the plaintiffs give Apple enough time to deal with allegations, Wilken argues.

Apple actually filed to dismiss the combined lawsuit in 2012, on the premise that the plaintiffs didn't "allege any supposed misrepresentation with particularity," or say when they were "exposed to the purportedly misleading advertisements, which ones they found material, how and why they were false, or which they relied upon in purchasing their iPhones." The case is being dismissed with prejudice, preventing the plaintiffs from filing more suits over the same topic.



By Electronista Staff
toggle

Comments

Login Here

Not a member of the MacNN forums? Register now for free.

toggle

Network Headlines

toggle

Most Popular

Sponsor

Recent Reviews

Cat B100

Cat is primarily known for its heavy-duty machinery used in the construction industry and farming, among other areas. What may not be ...

Linksys EA6900 AC Router

As 802.11ac networking begins to makes its way into more and more devices, you may find yourself considering an upgrade for your home ...

D-Link DIR-510L 802.11AC travel router

Having Internet access in hotels and other similar locations used to be a miasma of connectivity issues. If Wi-Fi was available, it wa ...

Sponsor

toggle

Most Commented

 
toggle

Popular News