Cupertino defends itself with Beta sign and 30-day refund policy

May 18, 2012 19:41 GMT  ·  By

After getting sued over (allegedly) misleading customers into thinking Siri was a flawless service, Apple is now asking the Northern District court in Oakland, California to throw out a class-action lawsuit where several iPhone 4S owners are asking for compensation.

Apple’s site shows a Beta sign wherever a Siri banner is displayed, indicating that the service is still a work-in-progress.

Apple originally got sued in March by a New York man who claimed the Siri commercials were not reflecting reality.

“On many of Apple’s television advertisements, individuals are shown using Siri to make appointments, find restaurants, and even learn the guitar chords to classic rock songs or how to tie a tie,” reads the complaint.

“In the commercials, all of these tasks are done with ease with the assistance of the iPhone 4S’s Siri feature, a represented functionality contrary to the actual operating results and performance of Siri.”

Apple took its time to digest these claims and has now come up with an answer:

too bad!

Well, they didn’t exactly phrase it that way, but surely that’s what they meant when Apple’s lawyers said, “[The plaintiffs] offer only general descriptions of Apple’s advertisements, incomplete summaries of Apple’s website materials, and vague descriptions of their alleged—and highly individualized—disappointment with Siri.”

“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,” the statement continued.

Apple’s legal also stressed that, instead of taking their disappointing hardware back to their local Apple store, “they seek to take an alleged personal grievance about the purported performance of a popular product and turn it into a nationwide class action under California’s consumer protection statutes."

"The Complaint does not come close to meeting the heavy burden necessary to sustain such claims.”