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Thread: Court Dismisses Siri Misrepresentation Lawsuit

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  1. #1
    MMi Staff Writer Akshay Masand's Avatar
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    Default Court Dismisses Siri Misrepresentation Lawsuit


    After roughly two years of legal maneuvering, US District Court Judge Claudia Wilken recently dismissed with prejudice, a lawsuit alleging that Apple’s iPhone 4S advertisements had misrepresented the capabilities of the company’s Siri personal digital assistant. Stating that the claims relied on “non-actionable puffery,” Judge Wilken ruled that the plaintiffs failed to show adequate evidence of fraud in Apple’s advertising and that a “reasonable consumer” wouldn’t expect the product to work flawlessly. The plaintiffs had argued that advertisements featuring Siri made it appear as though the feature could handle any query and would respond instantly.

    Wilken wrote the following when ordering the dismissal:

    Apple made no promise that Siri would operate without fail. A reasonable consumer would understand that commercials depicting the products they are intended to promote would be unlikely to depict failed attempts.
    Wilken also took issue with the timing of the lawsuits, originally filed separately in 2012 by Frank M. Fazio, Carlisa S. Hamagaki, Daniel M. Balassone, and Benjamin Swartzmann. Fazio ended up filing suit on the same day he sent a letter notifying Apple of his intentions while Balassone and Swartzman did so just four days after they sent a similar missive, an interval that Wilken said didn’t give Apple sufficient time to address the allegations.

    The Cupertino California company previously argued that the claims were too general when filing a motion for dismissal in 2012.

    Lawyers for Apple wrote the following in the motion:

    The plaintiffs "fail to allege any supposed misrepresentation with particularity," The plaintiffs also did not indicate when they were "exposed to the purportedly misleading advertisements, which ones they found material, how and why they were false, or which they relied upon in purchasing their iPhones.”
    Since the lawsuit was dismissed with prejudice, the plaintiffs won’t be allowed to bring another action over the same claims either.

    Source: AppleInsider

    Twitter: @AkshayMasand

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    XweAponX (02-15-2014)

  3. #2
    iPhoneaholic
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    Wow, sounds like the plaintiffs in the case were no more intelligent or prepared in their arguments than most FanDroids on any given gadget blog. Sounds like their case to the judge can be pretty much summed up like this, "wahhh! It doesn't work exactly right sometimes! Wahh!!"

  4. The Following User Says Thank You to fleurya For This Useful Post:

    XweAponX (02-15-2014)

  5. #3
    iPhone? More like MyPhone Tperry's Avatar
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    Quote Originally Posted by fleurya View Post
    Wow, sounds like the plaintiffs in the case were no more intelligent or prepared in their arguments than most FanDroids
    Except they apparently are Apple Kool-Aid drinkers. Your point was?
    Not a waterboy for Android OR Apple.

  6. #4
    iPhone? More like MyPhone
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    Why would an apple koolaid drinker bring any kind of lawsuit, sounds more like a Droidlurker who would do it. So go back and tell those dopes who utterly failed in their lawsuit to go cry me a river, then get the hell out of Modmyi, since you hate apple so much, or go suck on windows 8 for a while.

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    Livin the iPhone Life steve-z17's Avatar
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    Great call by the judge! These guys were just looking for a quick payday and picked the dumbest thing to fight over! I'm really glad they spent all that time and money and got nowhere lol! They honestly deserve it!

  8. #6
    Green Apple Dgow452's Avatar
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    Siri does not work to full potential. Neat gimmick but not fully functional.

  9. #7
    What's Jailbreak?
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    Siri was in beta for almost all of this crap... How can you make claims about functionality of beta software...

  10. #8
    iPhone? More like MyPhone Tperry's Avatar
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    Quote Originally Posted by XweAponX View Post
    get the hell out of Modmyi, since you hate apple so much, or go suck on windows 8 for a while.
    I think since I own 2 iPhone 5s 64Gb (both JB), 1 iPhone 5 64GB (JB on 6.0.4),1 iPad mini 32GB and 2 Mac Minis I have a reason to be here, especially seeing as I probably own more Apple devices than you.
    I also run an Apple specific support forum. You apparently just visit one and vent your vitriolic hatred of Droid owners.
    You do know that "Droid" is specifically Motorola correct.

    Quote Originally Posted by Dgow452 View Post
    Siri does not work to full potential. Neat gimmick but not fully functional.
    It's a hoot to play with. Other day it was telling me to turn left on "wacko drive" in Waco, TX. Guess in some ways that might be correct.
    Last edited by Tperry; 02-16-2014 at 02:24 PM.
    Not a waterboy for Android OR Apple.

  11. #9
    iPhone? More like MyPhone
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    Quote Originally Posted by Dgow452 View Post
    Siri does not work to full potential. Neat gimmick but not fully functional.
    If anyone bought an Iphone for just siri then they are an idiot! I use it in the car but it still does not work 100%

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