Apple is facing charges that it misled consumers about what its new virtual personal assistant service Siri is capable of and used deceptive advertising to encourage consumers to purchase the new iPhone 4S. 

Siri is positioned as a virtual personal assistant that uses voice recognition technology to help users get things done such as scheduling appointments and finding a restaurant by simply asking. While Apple has said the service is in Beta, it is nonetheless advertising Siri aggressively in TV ads that depict the service being used by individuals.

?I think Siri was in many ways the lead selling proposition for the iPhone 4S,? said Carl Howe, vice president of consumer research at Yankee Group, Boston. ?It is the one thing that made the iPhone 4S very different from the iPhone 4.

?The iPhone 4S also has a better camera and processor but Siri is what got people excited, so I think it is pretty important for Apple to have Siri in place,? he said.

?Apple is pretty clear that it is a Beta and not what they consider to be a finished product. This is no defense but they could argue that it provides fair warning.?

Apple did not respond to a request for comment by the press deadline.

The key to success
In the class action suit, a New York man is alleging that Apple has been misleading and deceptive about what Siri can do. He claims that the commercials encouraged him to buy the iPhone 4S to get Siri, but he has experienced significant problems using the software.

?Through an extensive and comprehensive nationwide marketing campaign, Defendant has conveyed the misleading and deceptive message that the iPhone 4S's Siri feature, a so-called voice-activated assistant, performs useful functions and otherwise works as advertised,? the suit said.

"For example, in many of Apple's television advertisements, individuals are show using Siri to make appointments, find restaurants, and even learn the guitar chords to classic rock songs or how to tie a tie. In the commercials, all of these tasks are done with ease with the assistance of the iPhone 4S's Siri feature, a represented functionality contrary to the actual operating results and performance of Siri,? it said.

Siri has played a key role in the success of Apple?s latest smartphone, the iPhone 4S. Apple?s iPhone 4S was introduced in October and sold 4 million units in the first three days that it was available.

While Google also offers voice recognition technology for Android, it is not positioned as a voice assistant and does not take as many actions on behalf of a user. 

?These suits are certainly a nuisance for companies who must defend their advertisements and deal with any bad press,? said Jason Koslofsky, an attorney with ArentFox LLP, Washington.

?Consumers may hear about the suits and question the product, but they would likely seek other sources of information as well to make a purchase decision,? he said.

?Many of the complaints in the suit about the limitations of Siri are documented in reviews of the iPhone 4S, so a consumer would not necessary learn anything new in relation to the suit. But, the fact that a lawsuit was filed may carry some weight in a consumer?s mind.?

No immediate impact
Soon after Siri was first introduced, reports began appearing that the service has problems recognizing some voices.

However, Apple has said Siri is in Beta mode, meaning it is continuing to test it and tweak its performance. Apple does not usually release products that are in Beta.

There have been suggestions that Apple put Siri out in Beta so it can create a large database of voice samples that will enable it to adjust the algorithm for Siri.

Mr. Koslofsky expects Apple will try to dismiss the suit.

For the immediate future, the suit is not likely to impact how Apple advertises Siri.

?Apple already has some disclaimers in advertisements for Siri - and other Apple products - which is the fine print statement, ?some sequences shortened,?? Mr. Koslofsky said. ?Thus, I think Apple will probably continue to advertise Siri as is, and will make sure the commands and responses of Siri portrayed in the advertising are able to be replicated by an average user.?

Final Take
Chantal Tode is associate editor on Mobile Marketer, New York