Siri at The Heart of New Class Action Lawsuit

[Michael Essany]

If a teenager texts his mom via iMessage and autocorrect somehow changes the context into an inappropriate message (thereby causing the teen to get grounded by his mom), can this teenager then turn around to sue Apple for damages? Sounds pretty ridiculous, huh? Fortunately, that's just a silly example I made up. Unfortunately, this next example isn't.

On Monday, New Yorker Frank M. Fazio filed suit against Apple claiming false advertising. His argument? Siri doesn't work as well as the commercials suggest it does. So he's suing Apple for perpetuating a "misleading and deceptive" message. Fazio says Siri is “at best, a work-in-progress” and shouldn't be promoted as anything more in the media.

According to the WSJ, the class action lawsuit includes the following language:

[I]n many of Apple’s television advertisements, individuals are shown using Siri to make appointments, find restaurants, and even learn the guitar chords to classic rock songs or how to tie a tie. In the commercials, all of these tasks are done with ease with the assistance of the iPhone 4S’s Siri feature, a represented functionality contrary to the actual operating results and performance of Siri.

Although, from where I stand, it's hard to take this lawsuit 'siri'ous - pun fully intended - the matter at hand is out of my hands. And the legal system must now decide if the lawsuit, which requests "unspecified damages," has merit.

Source: WSJ

[KraXik]

You could put this in the dictionary under the word 'America'.

[hoolygan]

Well, Apple did say SIRI is in beta stages...

[Taz1981]

I was going to say the same thing. It is a beta!!

[mortopher]

This is one of the things I find quite frustrating. While I agree with the guy in principle, a C.A.L. is absolutely ridiculous. But hey, if he's up for the time/money involved then more power to him.

[morbidpete]

Siri works great for me, Does everything I ask her maybe 85% of the time, reminders, apointments, alarms, text, calls, apps, dictation, math, weather. I use her all days as I drive alot for work!

[ibivibiv]

Well, Apple did say SIRI is in beta stages...

This will actually work against them then. I imagine that we will see a sudden tag on all SIRI related advertising that says "SIRI still in beta release. Actual user experience may vary". Without that disclaimer and with Apple admitting openly that it is beta this case might just have merit. You can't advertise something as a full fledged product and then turn around and admit openly in public elsewhere that it is in beta. They need a consistent message as to the expected behavior of the product or these sorts of lawsuits will arise. On a side note, my SIRI feature works great and personally even when it doesn't it isn't worth suing over. But even having said that, Apple needs to put some kind of disclaimer up until they iron out the bugs or sue happy people will get them.

[NakedFaerie]

You could put this in the dictionary under the word 'America'.

Also the saying "Only in America"

[Maxime Caudebec]

OK WOW didn't apple clearly put the word beta next to Siri.... Looks like someone is going to loose a lawsuit, and you have to be stupid to sue apple...

BETA-

[dennder]

Since it is possible to file a lawsuit for the microwave killing a cat, that has been put there to get dry... American judiciary system does not stop amusing me.

[steve-z17]

This will actually work against them then. I imagine that we will see a sudden tag on all SIRI related advertising that says "SIRI still in beta release. Actual user experience may vary". Without that disclaimer and with Apple admitting openly that it is beta this case might just have merit. You can't advertise something as a full fledged product and then turn around and admit openly in public elsewhere that it is in beta. They need a consistent message as to the expected behavior of the product or these sorts of lawsuits will arise. On a side note, my SIRI feature works great and personally even when it doesn't it isn't worth suing over. But even having said that, Apple needs to put some kind of disclaimer up until they iron out the bugs or sue happy people will get them.

When and where has Apple publicized Siri as completely working, not in beta? The first thing they said when they announced Siri was that it is in beta testing right now. Since then they've never come out and said it wasn't in beta anymore. The commercials are simply showing you what Siri is capable of doing and how it works. The whole lawsuit is just ridiculous, he's not going to win and he'll look like an idiot in the end.

[BenderRodriguez]

Well, Apple did say SIRI is in beta stages...

WHY is it still in beta after the release date was like 5 months plus they had to test it before they released it right?

So is it going to be beta forever?

[ibivibiv]

When and where has Apple publicized Siri as completely working, not in beta? The first thing they said when they announced Siri was that it is in beta testing right now. Since then they've never come out and said it wasn't in beta anymore. The commercials are simply showing you what Siri is capable of doing and how it works. The whole lawsuit is just ridiculous, he's not going to win and he'll look like an idiot in the end.

ummmm...... Apple - iPhone 4S - TV Ad - Rock God - YouTube

The ad mentioned in the lawsuit. Like I said, all they need to do is stick a disclaimer in that ad like the one I mentioned. The message is inconsistent and will give them grief. In one set of marketing the smear "beta" all over it. In the next they make it look like the thing can make you a guitar player and cook your dinner. I do agree people need to use their head and realize it is a dramatization meant to entertain while advertising the product, but still just cover your butt and tag the end of the commercial with a quick on liner about how your experience may vary.

[dfheje]

I was going to say the same thing. It is a beta!!

I mean.. he does have a point though. Can you use siri to learn a guitar song..? I doubt it.
Even if its in the beta, that assumes that siri has some functionality, while the rest will be released in the future.
His claims are that the "some" functionalitys are exaggerated.
I dont know makes sense in my head. lol

You could put this in the dictionary under the word 'America'.

Agreed..

[GUNNY29]

Siri is still in beta and will be in beta until it is perfected or as near as possible to being perfected for all languages I would imagine which completely makes sense the only time Siri doesn't work for me is when I'm being lazy and not pronouncing words correctly.

The guy suing is a fool simple as.

[polarismanak]

Just another guy looking for his hot cup of coffee... People like this are the reason why you cant say things like "bless you" or even "merry christmas" in public anymore with out running the risk of someone being "offended"

[santacruzlocal]

I really hate this stupid sue happy generation !!!

[trevorrawson]

I wish that people were held more accountable for frivolous lawsuits. If this guy wants to sue then fine by me...but when (not if) he looses them he should be held responsible for all legal costs by both him and apple plus a huge fine for the frivolous lawsuit. Garunteed nobody would take his case if this were the new standard.

[Silverado1987]

All apple will say is "on papers Siri is still in Beta" which will give them the excuse to say sorry were still working on it and there's nothing the guy can do or they'll give him $10,000 to shut up and go away

[CabooseLoL]

The Siri tv commercials say "sequences shortened" at the bottom of the screen... This law suit won't go far hahaha