Tech Talk
By

Chenda Ngak /

CBS News/ March 13, 2012, 10:25 AM

Apple sued by iPhone 4S users over Siri

Apple
(CBS News) Siri is rubbing at least one iPhone 4S user the wrong way. A New York man has filed a lawsuit against Apple for misleading customers.

Full coverage of Apple at Tech Talk

According to the Wall Street Journal, Frank M. Fazio is accusing Apple of false advertising and "alleging that the company's commercials convey a 'misleading and deceptive message' about Siri's capabilities."

Fazio claims that in Apple commercials, Siri can easily "make appointments, find restaurants, and even learn the guitar chords to classic rock songs." The plaintiff goes on to claim in court documents that the false advertisement caused "consumers to purchase the iPhone 4S over other smartphones because its Siri feature."

Examples cited in the court document include the commercial of a couple driving from the East Coast to Santa Cruz, Calif. In the television advertisement, the couple asks Siri for directions, their location and where to get gas.

Fazio is filing the suit on his behalf, as well as other customers with similar sentiments, alleging that Apple violates the Consumer Legal Remedies Act and Unfair Competition Law.

According to court documents there are over 100 members of the class action lawsuit that are pursuing $5 million in damages.

© 2012 CBS Interactive Inc. All Rights Reserved.
9 Comments Add a Comment
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omnibus66 says:
If you don't know where you are, or can't find a place to eat or get gas without asking your phone, you are indeed challenged. Maybe you should have stayed in school a little longer.
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facelessdrone2005 says:
(a) The $5M is for ALL iPhone users, not just the 100 named members of the suit, that's why it's a class action, duh! Assuming they win, the proceeds would be divided among ALL iPhone purchasers and it is very unlikely to amount to much money at all per purchaser.
(b) You say Siri is in beta? If so, that wasn't explained to my wife and me when we recently had the salesman show us the iPhone at the AT&T store (no, we didn't get one).
(c) The idea of allowing consumers to sue over false advertising is that Apple should not be allowed to get an unfair advantage over honest sellers by causing "consumers to purchase the iPhone 4S over other smartphones because its Siri feature." Not saying this is true but the plaintiffs are entitled to their day in court to try to prove their allegation.
(d) Re "These courts cases are getting out of hand, but the one at fault are the judges and lawyer that accept the cases looking to take some money." What you don't understand is that most of these cases are dismissed immediately and the lawyers who filed them get nothing. The dismissal, however, isn't "news" and therefore isn't reported. The legal system works fine, it is the media that you need to direct your anger against.
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rwsmith29456 says:
$5 million for 100 people? How about if Apple just gives disappointed people a refund???
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Dukme says:
Only in America!
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HRPuffinstuff says:
And you fanboys believed that Apple garbage?
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venusvegasvada says:
iSue

How long will the US continue with these frivolous lawsuits?

How long will it be until we adopt the "Loser Pays" legal system?

You NEVER hear ANY politician even MENTION that. They won't even say the words out loud.
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gaerlic says:
I thought Siri was in beta and the features where still be worked on, I guess the guy cant read?
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jovijiovanni says:
What damage did Siri caused that could cost 5 millions? Ridiculous claim, I guess this guy also sued his parents for making him believe in santa claus. Dude did you read the fine printing? It clearly stated that results may varied depending of your location and the network availability. These courts cases are getting out of hand, but the one at fault are the judges and lawyer that accept the cases looking to take some money.
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inmaryland1 says:
While I absolutely HATE suing for everything under the sun (and would not in this instance), the 4S complaint actually has merit. Siri seemed like the answer to our every smart phone annoyance, but then quickly became yet another one iteself. Siri doesn't functionally work the way the ads claimed it would, though it does fascinate as an advanced cell toy/ minor aid. I did, indeed, purchase the 4S for my husband to make his complicated mobile useage easier on basis of the ads, and Siri has done nothing but ultimately frustrate us both. I could have spent less and not bought into the "S" feature and all the false promises. The "S" capabilities were intentionally overblown IMHO. We love the Iphone itself, yet we feel a bit cheated over Siri.
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