U.S. District Chief Judge Claudia Wilken, Northern District of California (Hillary Jones-Mixon / The Recorder)
SAN FRANCISCO — A federal judge has tossed a class action filed by consumers who claim the iPhone’s personal assistant feature, Siri, did not live up to Apple’s promises.
In an order issued Friday, U.S. District Chief Judge Claudia Wilken granted Apple’s motion to dismiss the suit without leave to amend. Plaintiffs in In Re iPhone Consumer Litigation, 12-1127, claimed that Apple’s advertisements led them to believe that Siri could consistently respond to questions and commands. They were sorely disappointed with the feature once they purchased their phones.
But Wilken sided with Apple’s lawyer Gail Lees of Gibson, Dunn & Crutcher that the suit lacked specifics about how Apple’s advertising deceived plaintiffs.
“Apple would be hard-pressed to defend against an allegation that the overall impact of these commercials and advertisements misled plaintiffs,” Wilken wrote in a 21-page order.
The would-be class of iPhone 4s consumers was represented by Robbins Geller Rudman & Dowd; Gardy & Notis; and Barnow and Associates. Wilken rejected plaintiffs’ request to file a fourth amended complaint, noting that they had not heeded her warnings about the shortcomings in their case.
For example, plaintiffs did not state in their amended complaint how often they expected Siri to perform, despite Wilken’s request.
“Apple and the court are left to guess whether plaintiffs expected Siri to operate without fail, or more often than not, or at any other level below perfection,” Wilken wrote.
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