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Apple defends Siri against class action lawsuit


(CBS News) Siri, the Apple iPhone 4S' digital personal assistant, got some heat in a recent lawsuit that claimed the software doesn't perform as advertised.

Frank M. Fazio accused Apple of false advertising and alleged "that the company's commercials convey a 'misleading and deceptive message' about Siri's capabilities," The Wall Street Journal reported in March.

Fazio claimed 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."

Now Apple is firing back at Fazio and three others who have joined the class action lawsuit, pointing out that the plaintiffs did not immediately attempt the return the iPhone 4S and could not give specific reasons behind their complaints.

Apple's response to the allegations:

Plaintiffs do not tell the Court how Siri's operation allegedly differs from any particular representation they relied on in purchasing their iPhones. 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.