Apple, in a motion to dismiss a set of class-action lawsuits accusing them of falsely advertising their Siri voice assistant feature for the iPhone 4S, claims that the plaintiffs did not specify exactly what led them to purchase the device.
AppleInsiderThe Cupertino, Calif., company was hit with several lawsuits against Siri this spring. The complaints take issue with the advertising campaign for the iPhone 4S, alleging that Siri does not work as claimed.
Documents filed with the court last week contain Apple’s counterarguments, which include: Several of the plaintiffs “lack standing” to assert California consumer protection laws because they purchased the device and reside in other states, and claims do not establish a case because they “fail to allege any supposed misrepresentation with particularity.” The company specifically mentioned a lack of information about “when [plaintiffs] were exposed to the purportedly misleading advertisements, which ones they found material, how and why they were false, or which they relied upon in purchasing their iPhones.”
“Under Ninth Circuit authority, the consumer protection laws of the state of purchase — not the consumer protection laws of California — govern such claims by out-of-state purchases,” the motion read.
Apple also submitted that the claims do not establish a case because they “fail to allege any supposed misrepresentation with particularity.” Specifically a lack of information about “when [plaintiffs] were exposed to the purportedly misleading advertisements, which ones they found material, how and why they were false, or which they relied upon in purchasing their iPhones.”
Siri has been a continuing prominent point in Apple’s ads for the iPhone 4S. Two Siri commercials, “Road Trip” and “Rock God,” were specifically mentioned in some of the complaints about false advertising.
Siri has proven to be a popular feature of the latest iPhone model, as a March study found the 87 percent of iPhone 4S owners use Siri at least once a month.
Apple’s response can be read in its entirety here.
