Like a Toyota Prius staggering up a hill, this lawsuit has been coming for some time.
First, it was the claim that the phone is “All Screen.”
Well, yes, if you squint mightily and hope to ignore the fact that it still has a border around it and a notch plastered at the top, right in the middle of this all-screen area.
Apple must have gained confidence from this grand delusion.
In ads for the iPhone XS and XS Max, it cleverly shaded out the notch area with a cleverly constructed home screen image and made (at least some) viewers believe that these new phones were, oh, all screen.
Now, some enterprising lawyers want to test this wily subterfuge in the courts. A new lawsuit accuses Apple of deception.
Actually, several deceptions.
It claims Apple’s latest iPhones don’t have the number of screen pixels advertised, nor is the screen size calculated accurately.
“The screen size deception is simply based on Apple cutting corners — Defendant rounds off the corners of the Products’ screens and the Products have notches without pixels at the top of their screens, but Defendant calculates the screen size of the Products by including non-screen areas such as the corners and the cut-out notch at the top of the screen,” says the lawsuit, which is trying to become a class action affair.
I asked Apple for its thoughts and will update, should I hear.
The lawsuit has been brought on behalf of two plaintiffs: Christian Sponchiado and Courtney Davis.
It claims that Davis relied on the advertising and believed, on the basis of Apple’s advertising, that the XS and XS Max would, indeed, have no notch.
It’s unclear at what point she realized that these slightly bigger versions of the iPhone X were merely slightly bigger versions of the iPhone X.
Moreover, I’m not aware of vast hordes clamoring for justice and throwing their iPhone X’s through the windows of the Cupertino Spaceship.
Some might wonder whether Apple was unaware of any possible misunderstandings emerging from its ads. After all, the company is used to claiming most of its products are magical and revolutionary.
After a while, you can become numb to your own hype.
I fear, though, that Apple isn’t without guile. Indeed, the XS and XS Max ad was actually entitled “Illusion.”
Previous and related coverage:
Apple’s marketers start playing with the fine print and prices after new $100 extra trade-in promotion.
Apple switched up release strategies a bit in 2018 with the two high end $1,000+ models released initially, followed by one priced $250 to $350 less. The iPhone XR arrives in six color options and honestly it may be the best option for the masses.
Since Apple didn’t give you a manual listing the gesture changes you have to get used to when you switch to the iPhone XS, iPhone XS Max, or iPhone XR, use these cheat sheets to familiarise yourself with what you need to know.