“Misleading messages” about Apple’s well known product Siri are the
reason for the latest lawsuit against the big communications company.
The suit, filed in Regina by Merchant Law Group, notes a press release
introducing Siri lauded it as "an intelligent assistant," the article
adds. After buying an iPhone 4S, Regina resident Catlin Hendriks -- -
the only named plaintiff at this point -- claims Siri didn't work as
advertised.
The statement of claim notes Apple’s video advertisements showed
individuals using Siri, which became available with the iPhone 4S in
October, to “make appointments, find restaurants, and even learn guitar
chords to classic rock songs or how to tie a tie.”
“Siri either did not understand what the plaintiff was asking or, after a
very long wait time, responded with the wrong answer. The plaintiff
quickly recognized the futility of using Siri,” contends the suit.
A statement of claim contains allegations not yet proven in court. The
proposed class is all persons in Canada who bought an Apple iPhone 4S.
The suit cannot proceed as a class action until it receives approval by a
judge.
A spokesperson with Apple Canada's corporate office said its company
policy is not to comment on litigation. A statement of defense has not
yet been filed.
This is the third such lawsuit; the two others are based in the U.S.
Earlier this week a new suit was filed in a U.S. District Court by a
California resident named David Jones, who argues that Apple oversells
Siri's abilities in advertising and TV commercials, reports the "L.A.
Times".
“It contends Apple took advantage of consumers, violated consumer
protection legislation and caused “substantial injury” to the plaintiff
and other members of the proposed class, who have lost money.
Among the compensation sought, the suit seeks a refund in the difference
in purchase price between the iPhone 4S and the iPhone 4 (without
Siri), and damages for “loss of use, annoyance and inconvenience.”
The Regina suit claims Apple knew of the Siri's "shortcomings" before
its distribution. "Indeed, buried in Apple's website is the amorphous
sentence: 'Siri is currently in beta and we'll continue to improve it
over time,'" it says. The suit claims Apple didn't disclose that the
Siri transactions in its commercials are fictitious and real consumers
can't expect it to perform such tasks.
E.F. Anthony "Tony" Merchant, Q.C. (born in Yorkton, Saskatchewan) is a
lawyer and former politician. He is senior counsel at Merchant Law Group
LLP, which has offices across Canada including in Toronto, Montreal,
Vancouver, Victoria, Calgary, Edmonton, and Winnipeg. Several of the
largest lawsuits in Canadian history have originated from Merchant Law
Group LLP's offices, multi-Billion dollar class-action lawsuits
concerning Celebrex/Bextra, Vioxx, 911 Fees, defective automobiles,
Facebook user security problems and shareholder class actions. Merchant
Law Group has major involvement in the residential school lawsuits in
Canada.
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