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Canadian Files Class Action Lawsuit Against Apple and Siri on the iPhone 4S

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A class action lawsuit has been filed in Regina against Apple Canada and the controversy over Siri’s limited capabilities on the iPhone 4S. Filed by The Merchant Law Group, the lone plaintiff so far, Catlin Hendriks, believes Siri isn’t performing as advertised:

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

The suit is for all persons who purchased an iPhone 4S in Canada. Details claim Apple knew of Siri’s limited capability in Canada, but ‘buried’ in the website the feature is currently in beta and stands to improve over time. The suit also notes Siri commercials are fictitious and real iPhone 4S users in Canada can’t expect it to perform as advertised.

What is Apple Canada guilty of, and what is the compensation sought?

It contends Apple took advantage of consumers, violated consumer protection legislation and caused “substantial injury” to the plaintiff and other members of the proposed class, who have lost money.

Among the compensation sought, the suit seeks a refund in the difference in purchase price between the iPhone 4S and the iPhone 4 (without Siri), and damages for “loss of use, annoyance and inconvenience.”

This is an interesting class action lawsuit as Siri’s capabilities are limited in Canada compared to the U.S. We don’t have location services and integrated Yelp search results for finding the nearest amenities. When Siri was first announced it wasn’t advertised on Apple’s website. We have seen improvement with Siri in terms of time and weather capabilities, but map functions and directions are still highly anticipated.

Do you think this class action lawsuit is warranted?

[via Canada.com]

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  • Renegader

    This person needs a punch in the face for launching this suit.

  • Kosmo

    I still cannot find Siri on the Apple.ca’s site…

  • FragilityG4

    This is the same law firm that launched a class action lawsuit against the Canadian Telecoms for the SAF nearly five years ago … Still in court with no results …

  • Jerke Wadde

    I love the redundancy of asking Siri what time it is, with the actual time displayed clearly on the status bar.

  • She is prolly an american living in Canada, this is completely frivolous 

  • pegger1

    Yes, but it can be used with a headset without even looking at the phone, let’s say it’s in your pocket. You can also use it to ask time in other cities.

  • Jon

    why does it take these people almost half a year to come out of hiding? 

  • pegger1

    Meanwhile, SAF have been discontinued

  • I think Apple was pretty up front in saying Siri doesn’t work in Canada. In fact it is still in beta and barely works in the US.

  • FragilityG4

    Not exactly … All the carriers did was raise their plans by five dollars to offset it … Rogers went a step further and also introduced the GRRF which adds another two to four dollars depending on your location.

    Aside from ending the SAF the goal of the Calss Action Lawsuit was to recover monies already paid by customers, however thus far it has not yielded anything.

  • Ryan

    This is ridiculous. I’m not sure if Apple’s ever advertised Siri as a feature in Canada. It’s not listed on the box, or on Apple’s website (in Canada). When you turn Siri on it informs you that it’s a beta. I purchased an iPhone 4S because of the faster processor, better camera and increased storage capacity which all made the price difference more than justified. Siri is just a bonus… when she works.

    I admit I’m frustrated that location services for Siri still haven’t been brought to Canada, but suing Apple for causing “substantial injury” is just moronic.

  • A good example of there being too many lawyers with too much time on their hands. If you expect perfect service, get a servant, not a gadget.

  • BrodieTheDog

    Lol@ all you fan boys and girls. I’m all in favor of suing the hell out of apple. Hopefully it will push them to do something about Siri. Once and for all.

  • Laserheart

    The unexplained thing is that location services, Yelp, maps, and weather all work in Canada, but just not with Siri.  It’s strange they can’t make Siri use functioning components in Canada.

  • Jduckets11

    Tony merchant and is law office are a bunch of snakes. They will bring a class action suite against anyone….I wonder if the plaintiff realizes that at the end of the day Tony gets another Beamer and he will get shit all….people like this make me sick

  • BrodieTheDog

    Bigot. You forget it was an American that gave you your presious iPhone. Those Americans over there have done a lot for us. Open your eyes and don’t act like we Canadians or english or german or chinese don’t act just the same.

  • Siri is built into the iPhone 4S, you enable it in the settings.  If you have an iPhone 4, then you don’t get Siri.

  • Jay

    How can i get in on this lawsuit? SO disapointed with Siri in Canada… its bullshit that we still dont have maps yet

  • Kosmo

    I have an iPhone 4S and I’m using Siri. My point was that Apple is not advertising Siri in Canada at all. So, if there is no advertisement, how can somebody sue them for false advertising?!?

  • K3

    Just a thought but any normal individual would assume that “BETA” would be kept in use under the description of Siri until all countries where iOS devices sold are on line and 100%  working.

    The only way this lawsuit would maybe hold up is if Apple didn’t  use “beta” for the video advertising, that being said anyone with turrets syndrome can now sue the %#$k 
     of  Apple %#$k’n NOW.

    %#$k!%#$k!!..

  • Mr. Garrison

    i think its good because apple will wake up and fix siri for canada.

  • Anuenue_Honi

    This just show the level of stupidity and ignorance of people around the world.

    Maybe it’s time for this new plaintiff to get a new brain and actually learn to read English; also, a new eye check should be mandatory.

    No mention of Siri on Apple Canadian website unless you check the US website. Even after you found a teeny tiny mention, you can CLEARLY READ “BETA”.

    I truly hope the Judge will literally laugh at both the Plaintiff and her lawyers and slap them both with a huge fine for waisting the Court’s time and money for something SO RETARDED.

  • Anuenue_Honi

    It’s not about fanboys/fangirls. It’s about having the brain to realize that a product is NOT finished and therefore can be buggy. If you want to sue a company for a 1 feature that is NOT EVEN advertised on Apple Canadian website, you Sir, are one more of those morons who need a brain transplant.

  • Definingsound

    @Brodie: I think Jeeverz was referring to the lawsuit-happy USA, the home of Liebeck v. McDonald’s Restaurants: a woman was compensated $6 million for scalding herself on hot coffee; as there was no explicit warning that the coffee was hot. In Canada we look down on such frivolity, as do the Germans and the Chinese. In Germany you can run a lap of the Nürburgring without signing a waiver because… wait for it… risk is implied in the action. America seems to have a legal system that rewards those who accept risk without explicit disclosure, even when the risk is clearly implied. I hope that the Saskatchewan court throws this case out, but bravo for Merchant Law Group – great advertising and very entrepreneurial.

  • Ole Dory Plug

    I didn’t even buy a 4S and I was well informed about the fact that it is a beta feature on the phone and had very limited usefulness in Canada.

    C’mon people, this is not the US. You are embarrassing all Canadians with this trivial BS.

  • BrodieTheDog

    Now that was inteligent. So get this. What about this news story about a transgender individual competing in the Miss Universe contest who was disqualified because “she” was born a “he”. Same kind of situation as the hot coffee. And just because this person can find an expensive lawyer to blure the lines of the law. Is one society or another to blame? The contestantant happens to be Canadian. One can not just blame Americans for these ills because its socialy acceptable thing to do. I don’t want be misunderstood here. My point is, you can’t put a finger on a group of people for and individuals actions. No matter what their country of origin. There are plenty of sue happy people from all over.

  • BrodieTheDog

    You missed my point. Completely.

  • Anuenue_Honi

    My sincerest apologies for missing your point.

  • BrodieTheDog

    Apple fans are passionate. Stad by their products loyaly and even defend them. As far as apple getting sued is concerned. I hope more people light a fire under their ass and bring us Canadians complete Siri functionality. Be it by suing them or other means.

  • Anuenue_Honi

     I agree to a point.

    If a company deserves to be sued, by all means, let’s sue.

    It’s these non-sense lawsuits that are truly showing what’s wrong with people all around the world.

    There is NO basis whatsoever for a lawsuit against Apple for its Siri. It was and still is CLEAR that Siri is a BETA, which has flaws. And really, you pay $600 to $900 for a feature? That’s just pathetic.

    Seriously, if this is the case, Android manufacturers should be sued for installing all the crap-ware and for delaying Android’s new releases for months while ousting new products with a brand new version of Android.

    Google itself should be then sued for allowing these manufacturers to ruin the Android experience with bloatware and not releasing a Vanilla ROM for each phone they produce.

    I have an iPhone, a Blackberry and a Galaxy Note.

    You know what pisses me off more?

    The Galaxy Note not receiving ICS (even just Vanilla) while phones released a week or 2 weeks after came with ICS.

    And yet, would I sue Samsung for that? Seriously, got better things to do than wasting time suing companies for non-sense.

    It’s a string of stupidity and it seems to be all allocated against Apple and its products.

    Why these people don’t start suing Samsung, HTC, Motorola, LG, Nokia, RIM, AT&T, Verizon, T-Mobile when their products fail, like battery life, wi-fi not working, features banned because moronic carriers dictates stupidity to these manufacturer?

    That’s what I am saying. All we see is “customers” suing Apple for non existing reasons while all other companies are left alone.

    Maybe it’s time for “customers” to do their homework and educate themselves about products they want to purchase and learn the limitations of such products.

    It’s about self education, simply put.

  • LawStudent

    In Canada, you don’t have to opt in for class actions.  however, it’s likely you’d have to be in the same province.

  • Rolson4

    I hope this will get apple do make the update, it is advertised here and I thought when I bought the phone in December that when the update came out in 2012 that it would be included. Don’t they have it for other parts of the world? Why not Canada? It would sure be nice to use Siri to its full potential aside from making her swear. And when I ask where I can hide a body, then she could tell me the exact location. That would be grand.

  • JP

    Absolutely ridiculous. You’d have to have been hiding under a rock not to know that Siri was released with limited functionality in Canada. They’re working on it, leave them alone. And crawl back under that rock while you’re at it.

  • Jon

    Bigot. The transgendered woman is a woman in the eyes of EVERY CANADIAN LAW. SHE is also no longer disqualified. Your comparision holds absolutely no merit whatsoever. 

  • BrodieTheDog

    You missed my point. I was not being sexist or racist or bigoted or taking any side. What I was pointing out was, as far as the law is concerned, the rules can be bent with the right lawyer and enough money to throw around and how silly that is. And that it is not an American social anomaly to sue for self gain. It happens in all societies. I have nothing against anyone mentioned regardless of myself thinking suing for self gain is rediculous.

  • P Chez

    ya, cause violence solves ignorance… inbred goof.

  • Anon

    Do you not have a TV?   There are several American commercials that advertise Siri on Canadian networks.

  • Urdumb

    Someone needs to shove dog sh!t down your throat for making such a stupid comment.

  • Anon

    Moronic or not, this class action suit might actually be enough to get Apple to turn on the location services switch in Canada.

  • Kraken

    It doesn’t take much effort on Apple’s part to enable Siri in Canada, they can easily ‘turn on the switch’ so to speak.  The problem is, their current server farms won’t be able to handle the increased load on their servers with all the increased queries.  I assume they are currently upgrading / expanding, and as soon as it’s done they’ll be able to extend support in Canada as well as other countries. 

  • Laserheart

    It already works, and responds to all speech requests, but it isn’t linked to Yelp or the Maps tools.  Interesting theory, but the servers still have to process all of the requests.  In fact, it might be getting more requests from Canada because people are constantly trying to get it to work.

  • Ardan Burton

    Android FTW.

  • Kraken

    There is a major difference between placing a request and being denied, as compared to being fulfilled.  The later is MUCH more demanding on the servers.

  • Fake

    Yes this is warranted. Canadians deserve better. I hope this goes through

  • Hi there

    I have a tv, and don’t live under a rock. So yes I saw the many many adds for Siri in Canada

  • RiceKayla69

    my roomate’s sister brought in $17315 past month. she been making cash on the computer and bought a $315200 condo. All she did was get lucky and use the clues laid out on this website… Cashathom.Blogspot.In

  • Shakthi77

    Yes. Siri does not work in Canada. It can’t answer even the simplest questions. And the 4s costs way more thanthe iPhone 4. Apple has shamefully misled their Canadian consumers…..

  • Cmkidcanada

    I’m an apple lover but when it comes down to it. It’s competitors have the same technology as Siri and it works on there platforms. Siri was a big selling feature for the 4s and to sell the product and only have it work in the states is a big Con. So for the iPhone 5 do we expect the same or does apple expect to lose customers to customers who are pressuring apple with new technology that actually works.

  • Monkeybone

    But seriously, who actually goes to apple.ca?  unless i know that a domain is specifically .ca, my default, like most people is .com and Siri is front and center there… not to mention the commercials on tv now… Zooey asking is that rain?  lets order tomato soup?  stupid!

  • S_lunger

    Do I wish Siri worked in Canada? Of course!!! But I’d also like to input that I DO NOT live in Calgary (nothing against my neighbours to the south) but my maps won’t work with Edmonton – been since the day iPhone 4s was released

  • suntot

    yes i do think this is warranted, at the very least they should be notifying people at store and phone company levels the limited capabilites and let customers decide if the extra money is worth it.

  • Fjs

    This is totally justified. Siri f**en sucks in Canada.

  • Fabfag

    Siri needs to get laid

  • Mark Wigston

    Siri is Beta.  The say that on the USA website.  The Canadian website doesn’t mention SIRI at all.  However I did see reports that SIRI was to be updated in canada early in 2012 and we are mid way though now.  Delays are a part of life.  The upgrade from 4 to 4s was warranted with the dual core processor and better camera.  So I feel Apple has for the most part performed as promised.

  • Canadian iPhone User

    Siri should work as we ll in Canada as it does in the States… If apple wants to sell their products in our county they should work as advertised.

  • Andrew

    Can and how can I be a part of this lawsuit. I bought and iPhone 4s and only after my purchase did I notice that Siri does not work in Canada

  • Andrewshore68597

    And so your not going to post the site URL in guessing

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