Apple has filed a motion to dismiss in a case filed by customers over alleged misleading advertising depicting the Siri technology in the iPhone 4S. The lawsuit, filed in March, alleges that Apple’s advertising of Siri doesn’t reflect real-world usage. When asked for directions or to locate a store, “Siri either did not understand what Plaintiff was asking, or, after a very long wait time, responded with the wrong answer.”
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.
Apple continues to heavily advertise Siri and the iPhone 4S. The two latest ads for the product feature celebrities Samuel L. Jackson and Zooey Deschanel using Siri to plan date night and to get tomato soup delivered.