Back in March we brought you news that a class action lawsuit had been filed against Apple over Siri, the personal assistant software that has been one of Apple’s main selling points for the iPhone 4S. The suit, brought by Frank M. Fazio of Brooklyn, New York, accused Apple of false advertising in commercials that show off Siri’s capabilities.
Specifically, the suit alleges that Siri does not function as well as Apple says it does, often returning incorrect information, misunderstanding spoken commands and requests, or even failing to work at all. The suit, which was filed in the U.S. District Court in the Northern District of California, sought class action status.
Apple has responded by filing a motion to dismiss the suit. Apple’s filing argues that the suit fails to provide specific information about Siri’s failings, and that Apple has been extremely forthcoming about the fact that Siri is still regarded as a beta release, and is not yet perfect. While the ads in question show – as advertisements are wont to do – Siri at her best, the fact that the feature is still in beta should, Apple argues, be sufficient warning to purchasers that Siri may not work the way she’s supposed to all the time. They also insist that dissatisfied purchasers already have a legal recourse whereby they can express their frustration with Siri: Apple’s return policy. As such, Apple argues that even if the plaintiffs could prove their claims, the claims would still not be actionable.
The full motion is embedded below. Here are a few highlights:
Apple’s motion to dismiss was filed on May 10th. The presiding judge, Claudia Wilken, has yet to issue a ruling on the motion.