In the middle of March, a slew of lawsuits were filed against Apple claiming the Cupertino, Calif.-based Company misadvertised Siri, which is the company’s intelligent personal assistant software announced on the iPhone 4S in October of last year. The lawsuits said Apple used its commercials to convey a “misleading and deceptive message” about Siri. However, in typical fashion, Apple firmly disagreed.
Apple is working to get the class-action lawsuit dismissed from a California court by claiming customers could return the iPhone within 30 days of purchase if they are unhappy with Siri. Here is Apple’s motion to dismiss, as found by The Wall Street Journal.
They offer only general descriptions of Apple’s advertisements, incomplete summaries of Apple’s website materials, and vague descriptions of their alleged—and highly individualized—disappointment with Siri. Tellingly, although Plaintiffs claim they became dissatisfied with Siri’s performance “soon after” purchasing their iPhones, they made no attempt to avail themselves of Apple’s 30-day return policy or one-year warranty—which remains in effect. Instead, they seek to take an alleged personal grievance about the purported performance of a popular product and turn it into a nationwide class action under California’s consumer protection statutes. The Complaint does not come close to meeting the heavy burden necessary to sustain such claims.
The company also said that while Siri is still in beta, she is still “cutting edge.” What do you think? Is this class-action lawsuit against Apple warranted? One of the plaintiffs in the case said he could not replicate the following commercial:
Okay.. here’s the funny Rock God version just for size: