Woman Sues Apple over iPhone Notch

Discussion in 'HardForum Tech News' started by Megalith, Dec 15, 2018.

  1. Megalith

    Megalith 24-bit/48kHz Staff Member

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    A woman claims Apple intentionally misled customers with their iPhone X and iPhone X Max marketing shots, which showed the devices without a notch: a planetary-themed wallpaper with a black background was allegedly chosen as a clever and intentional way of hiding the display’s actual design. The complaint also says “Apple shouldn't count pixels on the corners of the device in its advertising, because they are rounded off.”

    In a complaint filed Friday in the Northern District of California, Courtney Davis' lawyers accused Apple of designing its advertising to obscure the notch, leading Davis to believe that the iPhone XS Max she preordered wouldn't actually come with a notch. When the marketing images were leaked in August, many tech commentators said the black background effectively hid the notch from being readily apparent.
     
  2. TangledThornz

    TangledThornz Gawd

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    The notch is dumb so I'm OK with this.
     
  3. mikeo

    mikeo Limp Gawd

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    Ha, finally someone is calling them out on their advertising, I thought the same thing when they announced it and hid the notch in their marketing shots.
     
  4. sfsuphysics

    sfsuphysics I don't get it

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    Must be nice to have so much free time and loaded with such money that you can sue companies for pretty retarded cases.... "pixels on the corners are because they are rounded off" seriously? SMMFH
     
  5. Tiberian

    Tiberian DILLIGAFuck

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    I saw this yesterday and all that came to mind is this person needs to be notched out of existence.
     
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  6. naib

    naib [H]ard|Gawd

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    they are the ones that pursued copycats who rounded their devices, seems fair to me
     
  7. Darunion

    Darunion 2[H]4U

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    So go back to that top area being bezel instead so people can go back to being happy again. Damn the manufacturers for trying to squeeze out a little more area for display.
     
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  8. BSmith

    BSmith [H]ard|Gawd

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    CA huh? Hehe.

    I mean, really. That notch is causing you such anxiety you have to sue the manufacturer. It is ridiculous, but it is CA. That seems to be how many of them roll. I say "many" in an honest effort to give some of them credit for having more sense. I hope to live long enough for that to be found true. :)

    That said. As a Texan I have suffered the indignation of people laughing at the stupid things that some of our people do as well.

    Welcome to the pot.
     
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  9. umeng2002

    umeng2002 Gawd

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    One lawsuit I actually like.
     
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  10. Glock24

    Glock24 [H]Lite

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    That woman actually has a point. And yes, that background was misleading.
     
  11. Wrecked Em

    Wrecked Em [H]ardness Supreme

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    ... and she didn't just return the device why?
     
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  12. Balthazar2k4

    Balthazar2k4 CoreJizzer For Life

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    Frivolous. Absolute waste of time and money...
     
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  13. Usual_suspect

    Usual_suspect Limp Gawd

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    She made the choice to buy the phone, Apple didn't force her. It's not like when she went in to buy the damn thing that she couldn't see the notch clear as day when they opened the box, or maybe perhaps on the box art itself, or ya know the damned website or plethora of reviews available to anyone who has access to the internet.

    People seriously need to learn accountability, but alas in our 'sue-happy' society that'll never happen.

    if she were to have anything to possibly sue over, sue them over the misleading screen size versus real-estate. Apple claims a screen size of 5.8" on the X and XS versions yet have less screen real-estate than an iPhone 8 Plus which is marketed at 5.5". Not that she'd win because I'm sure Apple made sure to CYA on that issue, but it'd be a respectable lawsuit in my eyes.
     
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  14. Sycraft

    Sycraft [H]ardness Supreme

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    I think it is legit if they actually had marketing that went out of their way not to show it. I don't mind notches at all, it's a good idea I think to put your notifications up where you normally wouldn't have any display. However, be clear about it. I have an LG V40 and if you go to their site, the very first picture makes it extremely clear there's a notch, it is very visible against the background.

    While people have responsibility, so do companies. Misleading marketing is shitty and shouldn't be allowed.
     
  15. glutto

    glutto Limp Gawd

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    So..... first world problems?
     
  16. chris7191

    chris7191 n00b

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    I know, people are so fucking stupid. The notch is just space that was previously bezel. It lets them move status indicators up into the area around the notch that was just bezel before. It’s an actual slight improvement.
     
  17. RealBeast

    RealBeast Gawd

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    Apple's defense strategy: It's a feature bitch. :eek:
     
  18. RobCalleg

    RobCalleg Limp Gawd

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    Every time I see that first commercial I tell my wife they shouldn’t be allowed to advertise like that. It’s trickery.
     
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  19. Azphira

    Azphira [H]ard|Gawd

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    Reminds me of the hard drive capacity lawsuits because people are too stupid to understand file tables.
     
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  20. jiminator

    jiminator Capt Obvious

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    "There's no guarantee that the class-action lawsuit will be successful."

    like.... duh?
     
  21. RipperMac

    RipperMac Limp Gawd

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    Hard to believe this is a thing, but then again when you are a fruit addict your whole existence revolves around making fruit company richer:meh:
     
  22. Viper87227

    Viper87227 [H]ard as it Gets

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    The woman is an idiot for not properly researching her purchase, but I'm still good with this. Apple's marketing was purposefully decieving and there should be consequences for it.
     
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  23. jevans64

    jevans64 Gawd

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    I thought the notch was a status symbol and an indicator of intelligence. She must be on Welfare and as dumb as a box of rocks.
     
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  24. RobCalleg

    RobCalleg Limp Gawd

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    Now that I think about it, the commercial is a CGI floating/spinning iPhone. It’s one thing to camouflage the notch with a black background but they aren’t even rendering the notch. How is that not false advertising?

    They know that people might not buy the phone because of the notch (me) so they are making it literally not exist on the product in the commercial. That’s intent.
     
  25. Aioeyu

    Aioeyu [H]Lite

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    On one hand, it's nice to see Apple get some of their own medicine. On the other hand, this lawsuit is absurd. One marketing photo doesn't a fraud make. As many have stated, the notch wouldn't have been a surprise to anyone paying attention, either to the reviews, outside of the box, or the in store display, or the online store.

    Then again, Apple builds devices for the most clueless consumers who just buy their crap without thinking, so it isn't a stretch to believe a sheep was duped by a marketing shot...
     
  26. Darkswordz

    Darkswordz Gawd

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    The iPhone, or the lawsuit? :sneaky:
     
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  27. Master_shake_

    Master_shake_ [H]ardForum Junkie

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    you're notching it wrong?

    it's a notch above the rest?

    notch-yo-phone?
     
  28. Cranky1970

    Cranky1970 [H]Lite

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    Who the fuck does this chic think she is FFS?....
     
  29. tetris42

    tetris42 [H]ardness Supreme

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    Yeah, I have mixed feelings. On one hand, I'm happy to see major corporations sued for false advertising of any kind, on the other hand, this is so petty your comment is exactly what I was thinking.
     
  30. greenman

    greenman Gawd

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    It's true tho, the pixel count should be lower if the phone has rounded corners. Not to even mention the issues of having a notch.
     
  31. ZippZ

    ZippZ n00b

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    I'm surprised no one sued monitor manufacturers and video producers for selling 4k screens and content that aren't 4k.
     
  32. bigdogchris

    bigdogchris [H]ard as it Gets

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    Wouldn't you look at the phone in person or from more than one source? Had she done that it would be obvious there is a notch.
     
  33. Sycraft

    Sycraft [H]ardness Supreme

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    Still doesn't make false advertising ok. The idea is that companies shouldn't be able to just try and get away with whatever they can and it is up to consumers to be ultra-diligent and catch them. They need to be truthful in their advertising (legally). For that matter, these days she might have bought it and never seen it. You can order phones online from your carrier or Apple and have them delivered to you, sight unseen. And I will say on their site they go out of their way to not show a notch on the XS. The XR it is very clear, but the XS it is well hidden in their shots.
     
  34. Viper16

    Viper16 [H]ard|Gawd

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    So funny, just go to Lowes and now all the lumber they had to publish the actual dimensions...because some dumbass was ignorant to the facts and made a stink about it.
     
  35. Cobalt35

    Cobalt35 [H]ard|Gawd

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    My comment when I first saw the phone... "They're deliberately hiding the notch, making it look like there isn't one." I even pointed it out to people I share a house with. Agreed, she should have researched it more, but I stand by my comment that this was a deliberate marketing ploy/lie by Apple.
     
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  36. theBrownLlama

    theBrownLlama Gawd

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    Apple should be fined over this. (they will write it off as a tax deductible anyways)
     
  37. haste.

    haste. [H]ard|Gawd

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    I didnt see a picture of this "chick" to realize she was so chic. Was she wearing pearls and an evening gown? If you're gonna talk shit at least learn how to spell chick. (That works in dual ways ;) )
     
  38. Laowai

    Laowai Gawd

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    While I'm not referencing the case you're talking about....people should be pissed that 2x4's aren't 2x4's since most people who buy lumber at those places have little clue about lumber and its properties. You know they used to be sold true to size, right? I know why dimensional lumber isn't true to size anymore and if you did, you'd probably realize it's to benefit the producers, not the consumers. In case you're curious, it's because shipping dried lumber is cheaper for them because it's lighter.
     
    Last edited: Dec 16, 2018
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  39. WBurchnall

    WBurchnall 2[H]4U

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    And pay a 15% restocking fee on an already activated device that costs $1000? Why should she take a $150 dollar hit when she was deceived by sly marketing?

    Even tech savvy people in this forum thought the notch was gone. Maybe returning would make sense but only if the retailer offered a full money back guarantee with no questions asked. This is getting more rare imo.
     
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  40. ZodaEX

    ZodaEX 2[H]4U

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    Because she pre-ordered an iPhone and therefore deserves to suffer the consequences.