Apple Launches Counter-Attack on Siri Plaintiffs
Apple (NASDAQ:AAPL), facing a set of class action lawsuits relating to the Siri voice assistant feature in the iPhone 4S, has filed a motion for their dismissal raising, among others, basic issues of jurisdiction and ‘particularity.’
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The plaintiffs alleged that the Siri feature did not work as claimed in the advertising campaign for the phone.
Apple shot back, first, with its counter-argument that many of the litigants had in fact purchased the phone in states other than where they resided, and therefore “lacked standing,” because “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.”
Secondly, Apple claimed that the claims were unsubstantiated as they failed to establish misrepresentation with reference to ‘particularity,’ or in other words, did not provide specific details of “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.”
In a third argument, Apple reminded the court that software is outside the purview of the Consumer Legal Remedies Act.
And lastly, Apple pointed out that the plaintiffs elected not to take advantage of the company’s 30-day return policy, nor did they provide “the requisite pre-suit notice of an alleged breach of warranty.”
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