While it’s definitely true that Apple’s voice assistant Siri hasn’t always worked like a charm, one New Yorker thinks that Siri’s shortcomings are enough to warrant legal action.

Frank M. Fazio has filed a class action complaint against Apple for violation of various California consumer protection laws as well as intentional misrepresentation concerning Siri, Apple’s breakthrough voice assistant tool that’s been one of the main selling points of the iPhone 4S.

The main focus of Mr. Fazio’s suit is Apple’s advertising. He says that Apple used Siri to differentiate the iPhone 4S from previous iPhone models (and by doing so were able to charge more for it). But in his mind, Siri hasn’t even come close to living up to how Apple portrayed her.

The iPhone 4S is the latest version of the iPhone and is distinguished by Defendant from its other iPhone devices, including the iPhone 4, predominantly based on the inclusion and touted benefits of a feature styled “Siri.”

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.

But those messages about Siri’s functionality are intentionally deceitful, according to the Plaintiff:

Defendant’s advertisements regarding the Siri feature are fundamentally and designedly false and misleading. Notwithstanding Apple’s extensive multi-million dollar advertising campaign showcasing the Siri feature, and the fact that the iPhone 4S is more expensive than the iPhone 4, the iPhone 4S’s Siri feature does not perform as advertised, rendering the iPhone 4S merely a more expensive iPhone.

Defendant’s misrepresentations concerning the Siri feature of the iPhone 4S are misleading, false, and reasonably likely to deceive and have deceived Plaintiff and members of the putative class.

The suit goes on to specifically name recent Apple ads for the iPhone 4S that focus on Siri. If you’ve noticed the recent slew of iPhone 4S ads, you probably already know that most all of do in fact center around Siri’s functionality. Fazio’s attorneys specifically mention this ad that you might recognize:

Apple has said on numerous occasions that Siri is in beta and will be improved as they go. They even say this on the site page for Siri. Given, it is in small print and that’s part of what Mr. Fazio is upset about.

What do you think? Do you think that Apple’s various Siri-oriented advertisements are misleading? Has Apple deceived customers with their marketing campaign? Or is this guy just expecting too much? Let us know in the comments.

Apple iPhone Siri Cpt