Siri Suit Stopped Print
Wednesday, February 26 2014

A California man who hated the Siri feature on his Apple iPhone and sued recently had his lawsuit dismissed with prejudice.

In March 2012, Frank Fazio sued Apple, claiming the app was highly unresponsive, freezing and responding "after a very long time with the wrong answer" and that the company should have known that “the iPhone 4s does not perform in accordance with the advertisements, marketing materials, and warranties disseminated,” and that Siri is by far a “work in progress.” Hoping to cash in on the case, three others joined the Siri lawsuit: Benjamin Swartzmann, Daniel M. Balassone and Carlisa S Hamagaki.

Ruling that "Apple made no promise Siri would operate without fail. A reasonable consumer would understand the commercials depicting the products they are intended to promote would be unlikely to depict failed attempts," U.S. District Court Judge Claudia Wilken dismissed the class action.  Labeling their arguments as "non-actionable puffery," the court further found that the four consumers failed to present substantial proof of their claims. The court dismissed the case with prejudice, meaning the unhappy consumers may never file a similar lawsuit with the same claim ever again.

Apple argued that the plaintiffs could have just returned their iPhones if they were so dissatisfied, but Apple was not given enough time to address the claims before the lawsuits had been filed.

Source: pocketmeta.com