Frank Fazio files lawsuit against Siri from Apple’s iPhone | Searcy Law

Our Fee Promise: No Recovery,

You Owe Us Nothing


Searcy Law Blog


John Hopkins

Just My Opinion: Frank vs Siri — Take a Bite of the Apple

» Written by // March 30, 2012 //


My guess is that “Siri” is cute and a nice, ah, er, person. Well, if she were a person anyway.

Apple’s iPhone 4S has introduced us to a pleasant companion in the form of a female voice we are all calling “Siri”, as if she were a real person and we have gone to dinner with her.

Not Frank Fazio though. Frank does not like Siri apparently. In fact, Frank Fazio has sued Siri’s “parent” Apple, Inc.

Frank Fazio has a number of gripes included in his lawsuit. I have tried to through all the legalese and boil them down a little. One seems to be that Apple has featured Siri in its advertising:

Introducing Siri.

The intelligent assistant that’s there to help. Just ask.

Ask Siri to make calls, send texts, set reminders, and more. Just talk the way you talk. Siri understands what you say and knows what you mean.

Frank sets forth that Apple makes a number of claims about Siri, in their advertising and in videos produced by them on YouTube, which includes claims about what Siri can do. Frank is of the opinion that the iPhone4S does not perform as advertised and he is particularly critical of poor Siri. Frank explains his disappointment this way:

“Promptly after the purchase of his iPhone 4S, Plaintiff realized that Siri was not performing as advertised. For instance, when Plaintiff asked Siri for directions to a certain place, or to locate a store, Siri either did not understand what Plaintiff was asking, or, after a very long wait time, responded with the wrong answer. Upon information and belief, Plaintiff’s problems with Siri are not unique, and they have repeatedly occurred with use of the iPhone 4S. In addition to the fact that Siri does not perform as advertised, recent reports have shown that continuous Siri usage dramatically increases an iPhone 4S users’ monthly data usage, and can easily push users over their data plans.”

Disappointment is really a tough thing to take. Frank is clearly disappointed and, well, I don’t blame him. I know I have certainly been disappointed over the years with assistants who did not understand me, provided me with incorrect information, assistants who did not perform as they claimed they would and assistants who ultimately cost me a whole lot more than I thought they would. But, Frank, I didn’t sue them. I mean, I may want to have sued them, but, really?

I have a Ford with the new “Sync” technology. I like it, but I am realistic about it. It does not always work really well and it often tells me it does not understand me. We have fights; we make up; we move on.  Add to this that “Sync” has this voice that, well, let’s just say it doesn’t help our relationship. Now, Siri, though has this very pleasant, “cute” voice.

Frank feels that the iPhone 4S ($199) is not worth the difference in price with the iPhone4 ($99). Let’s be honest though; the iPhone4 only dropped in price after the 4S came out. Also, let’s be fair Frank; there are other differences between the iPhone4 and the 4S that would account for the price increase alone:

  • The storage capacity went from 8GB to 16GB.
  • The camera went from 5 megapixels (720p HD) to 8 megapixel (1080p HD).
  • 4S Battery life added one hour of talk time.
  • 4S comes with a faster processor (A5 vs. A4).
  • The 4S phone allows you to mirror onto a large screen (4S did not).
  • The 4S has improved antenna capability.
  • The 4S is an international phone out of the box.

So, even without Siri in the mix, the 4S has an abundance of upgrades and improvements. But, Frank, add Siri in the mix; I mean, so she can’t understand what you are saying; so what, you have a companion with you even when you physically don’t and Siri does not speak unless spoken to.

My advice? Frank, drop the lawsuit. Talk to Siri, then talk some more, a lot more. See if you can work it out with her. Try to determine if you have some common ground in your relationship.

Frank, it takes two to make a relationship work and it generally takes two to make a relationship fail. Perhaps some counseling? Alternatively, if you kept the receipt, you might have returned the phone for a refund.


West Palm Beach

Searcy Denney 2139 Palm Beach Lakes Blvd.
West Palm Beach, FL 33409-6601
Toll-free: (800) 780-8607
Phone: (561) 686-6300
En Espanol: (800) 220-7006

Tallahassee

Searcy Denney The Towle House, 517 N. Calhoun St.
Tallahassee, FL 32301-1231
Toll-free: (888) 549-7011
Phone: (850) 224-7600
En Espanol: (800) 220-7006


Free Initial Consultation

Personal injury attorneys ready to fight for you.

Searcly Law

Our Fee Promise: No Recovery
You Owe Us Nothing.

Yes, I want to Schedule
My Free Case Evaluation
No Thanks, I do Not
Need Assistance