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11/26/2014 6:23:59 PM

Does he have a Case? Man sues Apple after Siri gave him Wrong directions

Frank M. Fazio filed a class-action suit against Apple, asserting that the company's advertisements regarding the Siri feature are "fundamentally and designedly false and misleading." Later in the suit, he calls the advertisements "a fiction."

According to court documents, Fazio bought an iPhone 4S in November 2011. He says if he knew that Siri functioned so poorly, he would have bought the cheaper iPhone 4.

The question now is, does Mr. Fazio actually have a case?

He very well might, said Gerard Tellis, professor of marketing at the Marshall School of Business at USC. The key for Fazio will be to prove that it wasn't just him who was deceived by the ads, but that a vulnerable minority also misunderstood that the claims in the advertisements were not entirely true.

In its own marketing materials, Apple specifically states that Siri is in Beta and will continue to improve over time. And in the latest commercials Apple issues a disclaimer stating that the Siri sequences were shortened for advertising purposes.

But Tellis says that simply offering a disclaimer does not exempt a company from being truthful about how a product works.

"The claims have to be substantiated in a reasonable laboratory environment and in field tests," he said. "But what really matters is if the average consumer understands how the product will work."

apple siri wrong directions suing

Does he have a Case? Man sues Apple after Siri gave him Wrong directionsDoes he have a Case? Man sues Apple after Siri gave him Wrong directions

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