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Thread: Apple Files Motion to Dismiss Siri Class Action Lawsuit

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According to the lawsuit one of the plaintiffs complained they were unable to replicate the above commercial. Apple found itself on the wrong side of a series of suits in
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  1. #1
    MMi Staff Writer Phillip Swanson's Avatar
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    Default Apple Files Motion to Dismiss Siri Class Action Lawsuit

    According to the lawsuit one of the plaintiffs complained they were unable to replicate the above commercial.

    Apple found itself on the wrong side of a series of suits in March alleging the company misrepresented Siri in its advertisements. Apple vehemently denies the allegations.

    The complaints culminated in a class action lawsuit requesting that Apple give iPhone owners 30 days to return their phones if they’re unhappy with Siri. Below is the motion to dismiss request Apple filed found by the Wall Street Journal.

    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.
    The class action lawsuit requesting that new owners be allowed to return a phone within 30 days if they’re unhappy with Siri when customers are already given a 30 day return window after purchase is ridiculously redundant. Apple's App Store and iBooks terms and conditions and return policies may not be beacons of customer service, but their iPhone warranty and return policy is in line with the industry standards. Not to mention some of the favors Apple Geniuses tend to hand out. Even to the legal misfit this lawsuit seems incredulous.

    Source: WSJ [via 9to5Mac]
    Last edited by Phillip Swanson; 05-16-2012 at 09:08 AM.

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    My iPhone is a Part of Me Feanor64's Avatar
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    its not redundant if they were unhappy with siri after 31 days from purchase and are they are trying to say that they want to be able to return the phone after they got unhappy with siri maybe a month, 2 months later? there is a major difference it is true that in the commercials siri is supposed to be like ure best friend lol and there was a guy saying that siri was experimental and they are still workin the kinks out and apple didnt tell me this when i bought the phone i mean he may sound like a idiot but if apple can sue someone just because they make a thin laptop then why cant this guy sue apple and take on the corporate lawyers

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    iPhone? More like MyPhone ericwall's Avatar
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    Quote Originally Posted by Feanor64 View Post
    its not redundant if they were unhappy with siri after 31 days from purchase and are they are trying to say that they want to be able to return the phone after they got unhappy with siri maybe a month, 2 months later? there is a major difference it is true that in the commercials siri is supposed to be like ure best friend lol and there was a guy saying that siri was experimental and they are still workin the kinks out and apple didnt tell me this when i bought the phone i mean he may sound like a idiot but if apple can sue someone just because they make a thin laptop then why cant this guy sue apple and take on the corporate lawyers

    Because he will lose. How can Apple start providing 30 day returns if it ALREADY DOES?? This person is a complete idiot.

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    My iPhone is a Part of Me luvmytj's Avatar
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    It has been said since day one that Siri is in Beta. Some people will sue for anything! Sue you, sue me, sue EVERYBODY!
    Is it just America, or are other countries as sue happy as the USA?

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    iPhone? More like MyPhone spooneditr's Avatar
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    Quote Originally Posted by ericwall View Post
    Because he will lose. How can Apple start providing 30 day returns if it ALREADY DOES?? This person is a complete idiot.
    I agree! This guy is an idiot along with others who are with him on this. Everybody is sue happy nowadays.


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    Siri though is said in beta but not in the commercials Apple put on TV, they need to put a warning on the commercials just like the meds commercial where announcers name all the "side-effects". Siri is still being sold as a complete product in the current commercial with Samuel Al Jackson (sp?) and that New Girl girl. If it is still in the beta mode why wasn't it advertised as in beta?

    Maybe we need to read the whole lawsuit filed, maybe he wanted a no question asked return AND service contract canceling 30 days return instead of forced into another phone? Don't know until reading the whole lawsuit.

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    My iPhone is a Part of Me Feanor64's Avatar
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    apple is more sue happy than any company ive ever heard of all im saying is that maybe the guy wants to be able to return the phone within 30 days after he was dissatisfied with siri which may be 60 days since he bought it jesus its not the same dam thing

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    Quote Originally Posted by Feanor64 View Post
    apple is more sue happy than any company ive ever heard of all im saying is that maybe the guy wants to be able to return the phone within 30 days after he was dissatisfied with siri which may be 60 days since he bought it
    Your posts don't make sense. How you can return something within 30 days after being unsatisfied with it for 60 days? And so what if Apple is sue happy, that doesn't mean everyone should be. We need LESS frivolous lawsuits, Apple included. We don't need people trying to match their number of lawsuits.


    Quote Originally Posted by unison999 View Post
    Maybe we need to read the whole lawsuit filed, maybe he wanted a no question asked return AND service contract canceling 30 days return instead of forced into another phone? Don't know until reading the whole lawsuit.
    Or maybe this guy should do even a little research before making $600 purchases.
    Last edited by brodimus; 05-16-2012 at 12:02 PM.

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    iPhoneaholic andypropaganda's Avatar
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    Quote Originally Posted by unison999 View Post
    Siri though is said in beta but not in the commercials Apple put on TV, they need to put a warning on the commercials just like the meds commercial where announcers name all the "side-effects". Siri is still being sold as a complete product in the current commercial with Samuel Al Jackson (sp?) and that New Girl girl. If it is still in the beta mode why wasn't it advertised as in beta?

    Maybe we need to read the whole lawsuit filed, maybe he wanted a no question asked return AND service contract canceling 30 days return instead of forced into another phone? Don't know until reading the whole lawsuit.
    There's no way that Apple could provide the service contract cancellation though, that's up to the customer and service carrier. So if that actually happens to be part of it then he's an even bigger moron. However, I doubt it is. The contract has nothing to do with the phone. Unless maybe he didn't want a data plan anymore and went to a "normal" phone.
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    Quote Originally Posted by brodimus View Post
    Or maybe this guy should do even a little research before making $600 purchases.
    $600+ is not that much money, why should consumer research something that was and still is marketed as a complete product? Apple would have no problem if they did a disclaimer stating Siri is beta mode in the commercial, but because they leave it out they get screwed.

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    If $600 isn't a lot of money, what's this guy crying about then? And did you seriously ask why should a consumer research a product they're about to buy?

    Name one product where 100% of the merchandise works exactly like the commercial 100% of the time. There aren't any whether they're advertised as complete or not. And his guy acts as if Siri is completely unusable. It works very well.

    If any software was ever truly complete, there'd be no need for updates. If he's really mad it doesn't work like the commercial, he should blame himself for not being Samuel L. Jackson.
    Last edited by brodimus; 05-16-2012 at 02:30 PM.

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    My iPhone is a Part of Me vinaygoel2000's Avatar
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    Quote Originally Posted by unison999 View Post
    $600+ is not that much money, why should consumer research something that was and still is marketed as a complete product? Apple would have no problem if they did a disclaimer stating Siri is beta mode in the commercial, but because they leave it out they get screwed.
    U r kidding, right? I can pay my electric bill, gas bill, water bill, cell phone bill, TV bill, Internet bill and phone bill for a month for $600. That's a lot of money for me. Maybe I'm just too poor.

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    The only thing I would consider reasonable in this lawsuit is if the demand is to return the phone with in 30 day if unsatisfied without restocking fee of 10% or what ever it may be. Other than that this is a dumb law suit.
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