Edmonton Journal

Potential class-action suit targets Siri on new iphone

- BARB PACHOLIK

REGINA – Calling out Apple Canada Inc. for its Siri smartphone feature, a Regina law firm has launched a proposed class action lawsuit over what it claims are “misleading messages” about the product.

The suit, filed this week in Regina by Merchant Law Group, notes a press release introducin­g Siri lauded it as “an intelligen­t assistant.” The voice-activated software responds to questions such as “Will I need an umbrella this weekend? or “Remind me to call mom.”

The statement of claim notes Apple’s video advertisem­ents showed individual­s using Siri, which became available with the iphone 4S in October, to “make appointmen­ts, find restaurant­s, and even learn guitar chords to classic rock songs or how to tie a tie.”

But shortly after buying an iphone 4S, Regina resident Catlin Hendriks — the only named plainti at this point — found it wasn’t performing as advertised.

“Siri either did not understand what the plainti was asking or, after a very long wait time, responded with the wrong answer. The plainti quickly recognized the futility of using Siri,” contends the suit.

A statement of claim contains allegation­s not yet proven in court. The proposed class is all persons in Canada who bought an Apple iphone 4S. The suit cannot proceed as a class action until it receives approval by a judge.

A spokespers­on with Apple Canada’s corporate office said its company policy is not to comment on litigation. A statement of defence has not yet been filed.

The Regina action comes on the heels of a similar claim filed recently in Quebec by Merchant group over alleged problems with the iphone 4, and echoes several lawsuits filed by other firms in the United States regarding Siri.

The Regina suit claims Apple knew of the Siri’s “shortcomin­gs” before its distributi­on. “Indeed, buried in Apple’s website is the amorphous sentence: ‘Siri is currently in beta and we’ll continue to improve it over time,’” it says.

The suit claims Apple didn’t disclose that the Siri transactio­ns in its commercial­s are fictitious.

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