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  • Bad Apple: You’re a Fool if You Believe the iPhone Ads


    There has been a recent storm of lawsuits against Apple by dissatisfied iPhone 3G owners who say that the advertisements that claim the iPhone is "twice as fast for half the price" are misleading. Apple has responded to one such lawsuit with a 9 page legal statement that claims their ads are truthful, but one paragraph basically says in legal speak that anyone who fully believes their ads is a fool.

    The response is to the lawsuit filed by William Gillis, a 70 year old San Diego resident, who says he was mislead by untruthful advertisements when he decided to purchase an iPhone. The legal speak in question that Apple responded with is as follows:

    "Plaintiff's claims, and those of the purported class, are barred by the fact that the alleged deceptive statements were such that no reasonable person in Plaintiff's position could have reasonably relied on or misunderstood Apple's statements as claims of fact."

    Gillis’ lawsuit is one of many that claim Apple has misled the general public with overstating the iPhone’s performance abilities. Complaints range from dropped calls, sluggish broadband speeds and the inability to stay on 3G before it switches to the slower EDGE network.

    Apple has acknowledged some of these problems but has said the 2.2 OS would fix them. While early reports suggest that the 2.2 software has reduced the rate of dropped calls many still complain about reception issues.

    This coupled with the fact that the U.K. Advertising Standards Authority recently banned two iPhone 3G advertisements for being misleading in the UK does not look good at all for Apple.

    …One thing is certain; Apple somewhat calling its most loyal customers fools for believing their ads does not do anything to help their negative image of being an elitist company.

    Do all you iPhone owners think the ads are misleading compared to the actual performance?

    Source: Apple: Our Ads Don't Lie, But You're a Fool if You Believe Them | Gadget Lab from Wired.com
    This article was originally published in forum thread: Bad Apple: You’re a Fool if You Believe the iPhone Ads started by AppleChic View original post
    Comments 89 Comments
    1. dale1v's Avatar
      dale1v -
      Quote Originally Posted by richardjones101 View Post
      all the people who complain are absolute **** heads, leave apple alone. If this was another brand, nothing would happen!

      It's not the iPhone's problem, it's just the networks they are on. I have my iphone 2G on vodafone and i get quicker web results than a friend on his 3G (o2) It proves it's AT&T+O2 that are the ones to blame
      If it were WinMO, you would probably throw a hissy about how MS are terrible. Now that Apple got caught doing something wrong, they were called out. Don't get upset because the pretty perfect company aren't so perfect! "leave apple alone"...what? Apple isn't a boy that gets bullied and has feelings, it's a multinational corporation with presence in so many countries. They don't care what you say, and it doesn't change their attitude!

      If you're faster on vodafone on EDGE than your friend on 3G, then what the hell, why didn't Apple pick vodafone?! It was Apple that chose who they went with (they weren't forced, they chose who paid the most), so it can't be the networks fault alone.
      Do some studying before throwing profanities around to defend Apple, and stop acting like it's only Apple who get caught up by authorities in stuff like this. It's not bullying, what the authorities did is protocol and I'm guessing they know more about adverts than you do.

      Complete and utter fail.
    1. quiksand's Avatar
      quiksand -
      Quote Originally Posted by richardjones101 View Post
      all the people who complain are absolute **** heads, leave apple alone. If this was another brand, nothing would happen!

      It's not the iPhone's problem, it's just the networks they are on. I have my iphone 2G on vodafone and i get quicker web results than a friend on his 3G (o2) It proves it's AT&T+O2 that are the ones to blame
      It's not because people are **** heads, it's because no other phone made such claims. That's Apples' fault.

      If it was a network issue, why did firmware upgrades seemingly fix the issues people were having on the networks?
    1. nimavafi's Avatar
      nimavafi -
      hahahaha, this is great. Maybe Apple can team up with the makers of Enzyte and 'increase the size' of their products....

      "What does the suit claim?
      The suit claims the maker of Enzyte, Berkeley Premium Nutraceuticals (Berkeley), intentionally distributed false claims about Enzyte increasing the size of men’s genitalia. The suit also claims the company used deceptive and confusing materials to mislead customers into waiving their right to collect a refund."

      What did the advertisements claim?
      From Enzyte’s inception in 2001 throughout the summer of 2003, Berkeley placed Internet, radio, television and print advertisements with brazen claims about what Enzyte could accomplish, according to the suit. Some of the claims include:

      * “The first all-natural male enhancement program that adds one to three inches to your size in just eight months or get double your money back”

      * “100% Safe with a 98.3% Success Rate”

      * “…your erectile chambers, as well as your penis, will enlarge up to 41%”

      The suit states stronger claims came after customers purchased the product, including a statement from Berkeley saying, “most men report a one to three inch gain in length and 27% increase in roundness.”

      Wasn’t it widely known that these types of claims were false?
      No. The company’s sales prove that a substantial number of people believed the advertising claims. Berkeley posted $100 million in sales in 2003 and employs about 800 people to handle orders from customers nationwide.

      What laws does the suit claim the defendants violated?
      The suit claims Berkeley and other defendants violated Ohio’s consumer protection laws, as well as laws against negligent misrepresentation, unjust enrichment and fraud.


      Sorry for the long post, but whats the difference in Enzyte saying it'll increase the size of your 'member' vs. Apple using a cached web page to portray high speeds?
    1. dale1v's Avatar
      dale1v -
      Quote Originally Posted by nimavafi View Post
      hahahaha, this is great. Maybe Apple can team up with the makers of Enzyte and 'increase the size' of their products....

      "What does the suit claim?
      The suit claims the maker of Enzyte, Berkeley Premium Nutraceuticals (Berkeley), intentionally distributed false claims about Enzyte increasing the size of men’s genitalia. The suit also claims the company used deceptive and confusing materials to mislead customers into waiving their right to collect a refund."

      What did the advertisements claim?
      From Enzyte’s inception in 2001 throughout the summer of 2003, Berkeley placed Internet, radio, television and print advertisements with brazen claims about what Enzyte could accomplish, according to the suit. Some of the claims include:

      * “The first all-natural male enhancement program that adds one to three inches to your size in just eight months or get double your money back”

      * “100% Safe with a 98.3% Success Rate”

      * “…your erectile chambers, as well as your penis, will enlarge up to 41%”

      The suit states stronger claims came after customers purchased the product, including a statement from Berkeley saying, “most men report a one to three inch gain in length and 27% increase in roundness.”

      Wasn’t it widely known that these types of claims were false?
      No. The company’s sales prove that a substantial number of people believed the advertising claims. Berkeley posted $100 million in sales in 2003 and employs about 800 people to handle orders from customers nationwide.

      What laws does the suit claim the defendants violated?
      The suit claims Berkeley and other defendants violated Ohio’s consumer protection laws, as well as laws against negligent misrepresentation, unjust enrichment and fraud.


      Sorry for the long post, but whats the difference in Enzyte saying it'll increase the size of your 'member' vs. Apple using a cached web page to portray high speeds?
      Enzyte don't have an innovative touchscreen interface.
    1. nimavafi's Avatar
      nimavafi -
      I forgot to mention, if anyone on this board is a victim of Enzyte make sure to visit this webpage for more information on receiving your settlement. hahahahahaha
    1. safinator's Avatar
      safinator -
      apple needs to be put in its place

      also

      Quote Originally Posted by cricketlang View Post
      good luck to anyone trying to fight apple on this one. some woman already did this....EPIC FAIL
      I hate people who say the words "epic fail" you probably have to spend a big chunk of your life on the computer to have those words in your vocab. just throwin that out there

      from the desk of safinator
    1. Eurisko's Avatar
      Eurisko -
      Quote Originally Posted by quiksand View Post
      At least Tide pops up some sort of text and provides the actual time that elapsed to get those results. Before these lawsuits, Apple offered no such disclaimers.
      All you're doing is substantiating Apple's response. You think people are so stupid they require being told that this is "elapsed time"? Doesn't say much for American society.
    1. dale1v's Avatar
      dale1v -
      Quote Originally Posted by safinator View Post
      apple needs to be put in its place

      also



      I hate people who say the words "epic fail" you probably have to spend a big chunk of your life on the computer to have those words in your vocab. just throwin that out there

      from the desk of safinator
      lol
      Quote Originally Posted by Eurisko View Post
      All you're doing is substantiating Apple's response. You think people are so stupid they require being told that this is "elapsed time"? Doesn't say much for American society.
      and lol again
    1. andypropaganda's Avatar
      andypropaganda -
      Quote Originally Posted by Jay316 View Post
      Apple should not do adverts showing the iPhone OS running as false speeds because it is creating the idea that the phone runs at those speeds even if it doesn't. Can you really see Apple doing ads that showed how the iPhone really works. No one would buy it if they said "get this phone, it has bluetooth but its not fully functional, it has text but no picture messaging, it has a camera, but not as good as the N95's. They have to lie about the product because telling the truth wouldn't sell any.

      P.S. chris_3cr you can do those speeds in a Ferrari if you take it on a track day
      Can you get those speeds on the phone if you connect to wifi?

      Quote Originally Posted by blackburn View Post
      I own 1 2g iPhone and 2 3g iPhones and I am using my old 2g iPhone because both of my iPhone 3g are much slowerer and laggier than the 2g. I am extremely disappointed in the iPhone 3g they crash all the time and the keyboard is obsolutly terrible
      I've never had a problem with my 3g keyboard, and I used to have one with the 2g. Is your 3g jailbroken and 2g not because that could be a definite answer. Otherwise, maybe you just got the shaft when it came to the phone, and you got a crappy one. Who knows? But My 3g is much faster in everyway than my 2g was, and I think that most people agree with that.

      Quote Originally Posted by ima80baby View Post
      I don't care what you guys say. If a company puts out a product and makes a commercial, then they shouldn't make the commercial over exaggerate the products efficiency or anything else that potential customers are going to want. If I was selling monkeys and I told you that all of them could make pancakes, wouldn't you want that monkey to make pancakes if you bought it? The same thing applies here. You can't just tell people a product does something that it really doesn't and then expect them to act civilly about it. The fault here is clearly on Apple.

      Every company lies. They all embelish their product. I already said it once. No company is going to come out saying that their product is mediocre. No one is going to outline the flaws of their product. Maybe companies should do it, but they do. That's how the world works. If you are not used to it by now then maybe you should just shut off your TV and don't read internet ads. When you see a company who doesn't over embelish their product you let me know.

      Expecting apple to act other than how they did is like expecting a parent to say that their child is mediocre. Unless you are a douche parent, you will more than likely be extremely proud of your child and say that everything they do is great.

      Quote Originally Posted by nimavafi View Post
      I forgot to mention, if anyone on this board is a victim of Enzyte make sure to visit this webpage for more information on receiving your settlement. hahahahahaha
      If it doesn't make your junk bigger than wtf does it do? lol
    1. MetallicaFan1991's Avatar
      MetallicaFan1991 -
      I hate the iPhone ads, they suck, actually most adverts these days are embarrassing. I hated it when the guy here in UK kept saying "really fast", how can the iPhone be really fast when it's 3G is limited to 1.4Mbps whilst all other phones have up to 7.2Mbps.

      I'm a PC vs. I'm a Mac adverts however are brilliant, it actually makes me wanna buy a PC and not a Mac!
    1. NCMacMan's Avatar
      NCMacMan -
      Wow! Does that mean I will turn into a crazy color, shadow dancer if I buy and iPod?

      Uh, hello...when have commercials been completely true. Did anyone actually watch any of the political ads in the US prior to the elections? Did you take all of that posturing and politicking to be true?
    1. dale1v's Avatar
      dale1v -
      Quote Originally Posted by NCMacMan View Post
      Wow! Does that mean I will turn into a crazy color, shadow dancer if I buy and iPod?
      It's not the same thing! those ads never said you will become a shadow dancer, they never made such claims, but this is completely different!










      Performance subject to narcotic consumption.
    1. agent005's Avatar
      agent005 -
      People sue for everything these days. If you are not an educated enough consumer to do some research, then don't purchase the product. I'm VERY happy with my iPhone 3G. Do I live in a 3G serviced area? Yea. If I didn't, I probably would re-think my purchase decision.

      Ugh stupid people...just a month ago, some lady in my area was drunk driving, and smashed her car after attempting to cross a road with a downed powerline, which was knocked down by a falling branch (recent storm). She had been using cold medicine to get over a sickness, then decided to go out to a local 'Beer Fest' event.

      So, instead of owning up to the fact shes an idiot, she is suing the event organizers for letting her drink (she was 30-ish), suing PECO for not getting lights out there fast enough to warn of a downed powerline (like they can teleport?) and Comcast for not removing the branch before it fell and knocked over the powerline. She was drunk driving for god's sake!
    1. Zehlek's Avatar
      Zehlek -
      It is slower but also you have to think about also with the 3G, it has to also do with the service provider. If they have slow internet, it will be slow.
    1. hollow0's Avatar
      hollow0 -
      Quote Originally Posted by JacquesChirac View Post
      The ads are completely misleading. So much of the country doesn't have 3G network that thousands are paying for a service that does not exist. It's like marketing a cell phone service throughout the country that only has reception in twelve states, and on top of that boasting about its incredibly high quality service.

      Apple is selling the 3G based on the premise of faster speed. That's it.

      If it wasn't for the 3G's faster speed, it would be essentially identical to the 1st gen iphone. Once that premise is debunked, the 3G is not only the same as the 1st gen iphone, it's $160 more costly after paying 24 months for a nonexisent 3G service and the 200 texts that used to be free with the 1st generation.

      So for thousands of Americans, the 3G is the same speed and $160 more, not twice the speed and half the price! (If you want me to show you the math, I would be happy to do so.)
      If someone was thinking about getting an iPhone 3g they should do some research first to find out whether they have that service in their area. And no 3G is not the same speed as edge i don't care what kind of math you put together. I've already compared my friends 3g iphone to my edge version..... It just depends what area you live in and how many bars you have.
    1. msb2008's Avatar
      msb2008 -
      some people are just nuts they have nothing to do so the fill lawsuits just for hobby. Gill, the guy in here, is a 70 years old dude who gets his money all from retirement pay and has nothing else to do. most of the lawsuits are filled by old retired dudes. in a sense you cant blame them but sometimes they take to the extream.
    1. NCMacMan's Avatar
      NCMacMan -
      In all honesty, any of these lawsuits are hoping for one thing to occur: class-action status. Once this has been granted by a federal judge it means only one thing: money for the lawyers. As with most class-action suits, the winners are not the people who are the plaintiffs, the majority of the spoils go to the lawyers representing the plaintiffs.
    1. minhwan's Avatar
      minhwan -
      I don't think it's misleading.

      Come on people, that kind of overstatements have been always around us.

      If the Apple wanted to present REAL speed of the iPhone, they would have to waste about 10 second of the film. Why would you do that ?

      For instance, there was a vehicle commercial that the car overtaking a jet. In your point of view, I'm pretty sure you have to sue this vehicle manufacture too aye ??

      Tell me Mr. Cocky ?

      It just reminded me of the case a old lady put her cat in microwave to dry and sue the company.
    1. Je5's Avatar
      Je5 -
      I personally think that you are naive enough to actually follow a commercial or advertisement stating that a product is soooo fast that you should believe it...

      There is always some sort of interference with signal strengths and of course remember its not a computer its a phone that is amazing in its category but it will never be as fast as a computer...
      I love my iPhone no matter what but I understand that even with 3G running at a max of lets say 1.4Mbps thats still ok compared to other phones...

      I just think that this lawsuit will go no where...Good luck Gramps..>!!!
    1. domenicp's Avatar
      domenicp -
      With respect to 3G speeds in the ads, its no different than claims made by ISPs about their speeds. ISPs post actual bandwidth claims that never seem to be reached. A lawsuit against certain ISPs has more validity than the one against Apple on this one.