The Apple iPhone's Siri may not work exactly like it does on TV, but it's still "cutting edge," the company asserts in a motion to dismiss a class action lawsuit.
The suit by unhappy iPhone 4 users alleges false advertising about Siri's supposed skills, The Wall Street Journal reports. TV commercials show people using Siri "to make appointments, find restaurants, and even learn the guitar chords to classic rock songs," the suit states.
But in real life, Siri failed to live up to its advertised promises, according to the lawsuit. Apple's motion to dismiss, however, takes a bite out of the disgruntled iPhone users' complaints.
Two of the four named plaintiffs live outside California and lack standing to pursue claims under California's consumer-protection laws, Apple's motion to dismiss states.
And though the plaintiffs complain about the iPhone Siri's false advertising, "they fail to allege any supposed misrepresentation with particularity" such as when they saw the ads, which ads compelled them to purchase their iPhones, and how and why the ads were false, Apple asserts.
"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," Apple's response states.
Apple also emphasizes Siri is "a cutting-edge technology still under development" that remains in "beta" status.
But it's the alleged lack of particularity in the plaintiffs' claims that Apple argues should get the iPhone Siri lawsuit dismissed. "Plaintiffs' vague allegations ... completely fail to identify any specific, actionable misrepresentations," Apple asserts.
Lawyers for the plaintiffs could not be reached for comment by the Journal .
Out of curiosity, we asked Siri whether Apple's motion to dismiss would succeed. Siri's response: "How about a web search for 'Will Apple's motion to dismiss succeed'?" They're probably not going to make a commercial out of that one.
- So Sirious: iPhone User Sues Apple over Voice-Activated Assistant (The Wall Street Journal)
- iPhone's Siri Speaks, But Not Legalese (FindLaw's Greedy Associates)
- Boston Attorneys Have Accents that iPhone's Siri Doesn't Understand (FindLaw's Technologist)
- Apple Samsung Patent Lawsuit Argued in Federal Circuit (FindLaw's Federal Circuit blog)