Man sues Apple because Siri doesn't meet his expectations

A California man has filed a class action lawsuit against Apple, because he says that Siri does not perform as well as it does in TV commercials advertising the iPhone 4S.

The lawsuit, filed on March 6, 2012 in the Northern District of California by one Frank Fazio, claims that Apple violated California's Consumer Legal Remedies Act and Unfair Competition Law, as well as breached its warranty and allegedly practiced false and misleading advertising.

The class action complaint explains Fazio's issues with Siri: "Promptly after the purchase of his iPhone 4S, [Fazio] realized that Siri was not performing as advertised. For instance, when [Fazio] asked Siri for directions to a certain place, or to locate a store, Siri either did not understand what Plaintiff was asking, or after a very long wait time, responded with the wrong answer."

As it is a class action lawsuit, other iPhone 4S owners could potentially benefit if Fazio's lawyers have their way. The lawyers claim that they seek to end sales of the iPhone 4S, as well as claim damages, naturally.

"Notwithstanding Apple’s extensive multi-million dollar advertising campaign showcasing the Siri feature, and the fact that the iPhone 4S is more expensive than the iPhone 4, the iPhone 4S’s Siri feature does not perform as advertised, rendering the iPhone 4S merely a more expensive iPhone 4," the suit claims.

However, the lawsuit does recognize that Siri is a beta product, though it rationalizes this by claiming that the fact that Siri is in beta is not salient enough in Apple's marketing and advertising campaign.

Apple representatives have unsurprisingly declined to comment so far.

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next i think we should start sueing our spouse's parents because their child didnt end up meeting our expectations ... ( luckily i wont have to file one lol )

I was quite surprised when I saw the advert myself and somehow impressed. I guess everything is falling apart now. It will be great if a statistic could indicate what 4S user percentage actually uses Siri. This also proves that there is no obvious reason to upgrade to a 4S in favour for a 4.

Ya know if the product didn't live up to his expectations, whatever happened to "I will use something else that does." People anymore will sue others over stupid things anymore. If Siri didn't live up to what I thought I would be I would use another company's product that does.

Not sure what this guy's deal is. I ask Siri for directions all the time and it works great. Though it probably helps that I have the mainstream "Midwestern" accent.

Siri is f*****g terrible. I'm yet to get a single proper response from it or have it understand what I say. I speak with a regular British accent (not northern, or scottish, or welsh etc) just regular British and it fails every single time.

I just disabled the damned thing it is a waste of time and battery power.

maybe he's also filed lawsuits against washing powder companies, as we all know they dont get stains out of your clothes at 40 degrees.... I dont glow after eating ready brek either... Although hasnt someone just tried to sue Lynx deodorant as women werent falling at his feet, like advertised on tv??...

everyone knows things in the real world never work the same as they do in the ads!.. well, obviously not everyone!....

some people eh!

Class action lawsuit....California....typical. Why do ALL of these class action lawsuits originate in California. Do they think they're special or something?

nytiger73 said,
Class action lawsuit....California....typical. Why do ALL of these class action lawsuits originate in California. Do they think they're special or something?

Dunno... California is probably the most "liberal" state in the US. I guess it's a lef-wing people thing...

nytiger73 said,
Class action lawsuit....California....typical. Why do ALL of these class action lawsuits originate in California. Do they think they're special or something?

They're a litigious bunch out there, with more money than sense and an over abundance of willing lawyers.

No comment from Apple, that's a shame. Of course of Jobs were still around he'd probably just release a short statement, "You're saying it wrong."

Open Minded said,

...can you create devices the whole world wants.

I am part of this world. I do not want it. I proved your logic is flawed. Here is a cookie.

Open Minded said,

...can you create devices the whole world wants.


No. That would be in China. The idea and design might be American, but the device isn't.

Nit exactly shocking, he'll probably win, and siri will either go away, or get drastically better either way at the cost of millions. Well played, ignorant user, well played.

Siri is disabled on my jailbroken phone. It's all smoke and mirrors. Fun for two hours when you get your brand new iPhone, then you realise it's useless and imprecise.

The biggest flaw in Siri? You can't even accomplish basic tasks like turning on/off WiFi, notifications, etc.

A lot of wasted potential.

Siri is only good at telling stupid jokes, maybe if the programmers spent less time programming that nonsense and more time fixing the bugs..

haha, sounds like its communicating to you the best way it thinks you would understand

PmRd said,
Siri is only good at telling stupid jokes, maybe if the programmers spent less time programming that nonsense and more time fixing the bugs..

rippleman said,
haha, sounds like its communicating to you the best way it thinks you would understand

hahahaha.. At least Siri is funnier than you

PmRd said,

hahahaha.. At least Siri is funnier than you

He got to you didn't he? I bet you sat there in your room getting all angry at him ....

Spirit Dave said,

He got to you didn't he? I bet you sat there in your room getting all angry at him ....

Oh you bet he did. You should see me all angry in my room right now grrrr

It's just ridiculous how Apple flaunted Siri as the selling point for the 4s, then goes "J/K, it's only in beta". Meanwhile Windows Phone and Android have had descent voice recognition for years.

If that's not Apple marketing hiding behind a beta tag, I don't know what is. I hope he wins, and moreover, I hope someone forces Apple to quit with their misleading statements like "The new iPad is more powerful than an xbox 360", which strongly implies that it's a better gaming system than the 360.

greenwizard88 said,
Meanwhile Windows Phone and Android have had descent voice recognition for years.

Voice recognition software is far from perfect on any platform. Please don't pretend otherwise.

.Neo said,

Voice recognition software is far from perfect on any platform. Please don't pretend otherwise.

Exactly. Those platforms support commanding which still requires user and device training. Far from the natural interaction advertised by Apple.

dotf said,

Exactly. Those platforms support commanding which still requires user and device training. Far from the natural interaction advertised by Apple.

I actually prefer commands. Instead of asking "do I need an umbrella" I just say "weather."

Enron said,

I actually prefer commands. Instead of asking "do I need an umbrella" I just say "weather."

What do you think Siri does with weather too?

greenwizard88 said,
It's just ridiculous how Apple flaunted Siri as the selling point for the 4s, then goes "J/K, it's only in beta". Meanwhile Windows Phone and Android have had descent voice recognition for years.

If that's not Apple marketing hiding behind a beta tag, I don't know what is. I hope he wins, and moreover, I hope someone forces Apple to quit with their misleading statements like "The new iPad is more powerful than an xbox 360", which strongly implies that it's a better gaming system than the 360.

Apple never said anything of the sort. Epic games said that the iPad 3 has more memory and a higher resolution than the Xbox 360 and ps3. This is also not the same as what you said.

Chinese whispers on the internet is pathetic...

Enron said,
I actually prefer commands. Instead of asking "do I need an umbrella" I just say "weather."

I just click on the weather symbol on my android home screen to get the latest weather. Takes less than half a second, not sure if activating Siri and saying something like "Do I need an umbrella?" or "weather" is faster than that.

I really never understood the purpose of Siri or any other voice recognition system so far. Just doing it is in 90% of the cases faster, especially if the system gets your first voice command wrong and you have to repeat it. Anyway, it's just ridiculous to have people talking loudly to their phones in public places.

vacs said,

I just click on the weather symbol on my android home screen to get the latest weather. Takes less than half a second, not sure if activating Siri and saying something like "Do I need an umbrella?" or "weather" is faster than that.

I really never understood the purpose of Siri or any other voice recognition system so far. Just doing it is in 90% of the cases faster, especially if the system gets your first voice command wrong and you have to repeat it. Anyway, it's just ridiculous to have people talking loudly to their phones in public places.

Well, as the Galaxy S2 ad illustrated, you might well be stuck on Everest so you can't have your gloves off so you can't use your fingers to txt so you use voice command to do what you like.

Of course, is human nature to tell something to do something. I mean, who the hell wants to lift a finger?

vacs said,

I just click on the weather symbol on my android home screen to get the latest weather. Takes less than half a second, not sure if activating Siri and saying something like "Do I need an umbrella?" or "weather" is faster than that.

I really never understood the purpose of Siri or any other voice recognition system so far. Just doing it is in 90% of the cases faster, especially if the system gets your first voice command wrong and you have to repeat it. Anyway, it's just ridiculous to have people talking loudly to their phones in public places.

Well, on my Windows Phone, I don't need to open any app to get weather information, I have an AccuWeather Live tile on the home screen which tells me, at a glance, all I need to know for my location.

Eddo89 said,

Well, as the Galaxy S2 ad illustrated, you might well be stuck on Everest so you can't have your gloves off so you can't use your fingers to txt so you use voice command to do what you like.

Of course, is human nature to tell something to do something. I mean, who the hell wants to lift a finger?

On Windows it displays on the home screen - you don't have to speak or lift a finger!

greenwizard88 said,
It's just ridiculous how Apple flaunted Siri as the selling point for the 4s, then goes "J/K, it's only in beta". Meanwhile Windows Phone and Android have had descent voice recognition for years.


'decent'

And btw ... they have voice recognition that works really averagely. Siri is leagues ahead. Don't even compare them. It's like saying a baby can do all the same things an adult can do. Clearly untrue. They have the same potential... but they're no where near as advanced.

Spirit Dave said,


'decent'

And btw ... they have voice recognition that works really averagely. Siri is leagues ahead. Don't even compare them. It's like saying a baby can do all the same things an adult can do. Clearly untrue. They have the same potential... but they're no where near as advanced.

Google's voice input offering is very accurate. Much more so than every other Android offering I've tried

Can't comment on Siri as I haven't used it.

When it comes to voice recognition Dragon naturally speaking comes in my mind which is best.

Spirit Dave said,


'decent'

And btw ... they have voice recognition that works really averagely. Siri is leagues ahead. Don't even compare them. It's like saying a baby can do all the same things an adult can do. Clearly untrue. They have the same potential... but they're no where near as advanced.

it is funny watching people saying a few words into their phone, then saying it louder, then saying it stressing each syllable, then huffing and typing in what they were saying to search for it...

Siri carries a [beta] tag for a reason, it says so all over the Apple's website. I agree though that advertising a beta product this heavily is a strange move.

Edited by .Neo, Mar 13 2012, 1:05am :

.Neo said,
Siri carries a [beta] tag for a reason, it says so all over Apple's website.

He should have to pay for Beta products and lets face it, Siri was the selling point.

Brian Miller said,

He should have to pay for Beta products and lets face it, Siri was the selling point.


Isnt that what the S stood for? Just like an iPhone 4 +Siri

Athlonite said,

S= Sucker

+1 lol. Good luck to the plaintiff but why is that people who buy Apple products expect that it will be perfect, free from any defect or potential errors or flaws? It's a serious question as some people are so hooked into the Apple marketing juggernaut, they can't see the woods from the trees. OR, is this just another lame and cynical attempt to try and extrapolate some of that enormous cash pile from the big A even if the class action is doomed to fail 'cause at least lawyers still get paid, right? I can't work out which it is.

.Neo said,
Siri carries a [beta] tag for a reason, it says so all over the Apple's website. I agree though that advertising a beta product this heavily is a strange move.

Beta or no beta, misleading advertising or potentially overpromising the performance of a product is a problem. Kind of like how movies manage together amazing trailers and then when you go see the movie, you end up like "what is this crap." Happens far too often.

BetaAddict said,

Beta or no beta, misleading advertising or potentially overpromising the performance of a product is a problem. Kind of like how movies manage together amazing trailers and then when you go see the movie, you end up like "what is this crap." Happens far too often.

The movie trailer argument is a different idea altogether because movie trailers show actual clips from the movies; thus, it is not false advertising.

Callum said,

The movie trailer argument is a different idea altogether because movie trailers show actual clips from the movies; thus, it is not false advertising.

Well, when I use Siri, it's just like the ads ... so I'm unsure what his issue is

CtrlShift said,

+1 lol. Good luck to the plaintiff but why is that people who buy Apple products expect that it will be perfect, free from any defect or potential errors or flaws? It's a serious question as some people are so hooked into the Apple marketing juggernaut, they can't see the woods from the trees. OR, is this just another lame and cynical attempt to try and extrapolate some of that enormous cash pile from the big A even if the class action is doomed to fail 'cause at least lawyers still get paid, right? I can't work out which it is.

The TV advert implies that it can understand any question in a format and that it can maintain a context. That is too good to be true.

Callum said,

The movie trailer argument is a different idea altogether because movie trailers show actual clips from the movies; thus, it is not false advertising.

Wish that was always true - remember the trailer for Predators where Adrien Brody gets lit up by multiple lasers? Just the one in the film #wewantmoarlasers!!