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While I do have a seething hatred for all the frivolous lawsuits these days and all of these knee-jerk-litigious people, I can see her point. At least attention is being brought to the possibly deceptive advertising. I absolutely believe it was in an effort to minimize the visual impact of the notch and make the device more appealing in marketing. I don't think it was truly deceptive, as anyone spending an additional five seconds researching the phone would see it. If anything, Apple does deserve a slap on the wrist. Monetary damages? No.

As for the pixel count (and even screen size), I completely agree with that.There should be a disclaimer about the reduced pixel count and something about not being a full 5.8/6.1/6.5" viewable area.

There is a disclaimer about that on the tech specs page, though I don't know if it was there at launch: https://www.apple.com/iphone-xs/specs/
 
i am at a loss for words and actually laughed at what society has come to
i guess i know the reason for the lawsuit "Garrett Wilhelm, the driver of the vehicle who killed the girl, was indicted on manslaughter charges. His trial has been delayed several times because the FHI has not yet been able to gather data from his iPhone, but if he is found guilty, he could serve up to 20 years in prison. Wilhelm is set to be tried before a jury on June 3, 2019."
 
I’m not a lawyer, but couldn’t she just return it?????????

The lawsuit is about false advertising. Just because you can return something doesn't mean a company can misrepresent a product.

It doesn't really matter how she obtained the device.
 
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The lawsuit is about false advertising. Just because you can return something doesn't mean a company can misrepresent a product.

It doesn't really matter how she obtained the device.

Like I said I’m not a lawyer.

But how was she harmed by this? I just don’t understand.
 
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Playing devil’s advocate. If all she saw was the first ad, and made her choice based on that ad, you can’t see the notch and she’d be right. She could have placed a pre-order with that assumption. Apple would be at fault in that case.

I think the case is still frivolous, but I can see her side.

Except she could return the phone if she had never done any research past the advertisement.
 
Like I said I’m not a lawyer.

But how was she harmed by this? I just don’t understand.

Her iPhone XS Max doesn't have the advertised resolution.

What Apple calls a "pixel" on the X consists of 2 subpixels. The rest of the industry recognizes a pixel as 3 subpixels.
 
That disclaimer doesn't talk about the reduced pixel and subpixel count.

You are correct. The more I think about this, the more it seems like the infamous dithering lawsuit that Apple settled 10 years ago. There may be something to this one folks.
 
Her iPhone XS Max doesn't have the advertised resolution.

What Apple calls a "pixel" on the X consists of 2 subpixels. The rest of the industry recognizes a pixel as 3 subpixels.

So why can’t she return it?

And also if she wasn’t happy with the notch why can’t she return it?

Like I got a 5C once and while I liked it I thought it was too similar to my current iPhone at the time and decided to stick with my iPhone 5.

Again I’m not a lawyer, so I don’t really know anything. Just trying to understand.
 
So why can’t she return it?

And also if she wasn’t happy with the notch why can’t she return it?

Like I got a 5C once and while I liked it I thought it was too similar to my current iPhone at the time and decided to stick with my iPhone 5.

Again I’m not a lawyer, so I don’t really know anything. Just trying to understand.

1. We don't know if she purchased it on contract from a carrier, on Craigslist, or from someone else. These are legal transactions that may not have a return policy. Even if she bought it from Apple, she may not have noticed these misrepresentations until after the 14 day return period.

2. This is a class action which means others in the U.S. can join. The conditions in #1 also apply to this group.

3. This lawsuit has nothing to do with the ability to return a product. Just because Apple lets consumers return a product doesn't mean Apple can misrepresent a product.
 
They probably should just show the notch in the main product images to avoid petty clowns like this.
 
Someone tell me you didn't think about the missing notch in Apple's marketing photos, I certainly did, I think it's purposefully deceiving.

If this lawsuit makes Apple to prominently show the notch instead of hiding it, I support it. After all there is nothing to be ashamed of, the notch is great, right?
 
If people want to know why Apple stuff is so expensive - it is their legal costs. They get sued for anything and everything because they are rich. I'm sure lawyers assume they can get something from a settlement. The lawyers, if the get anything, will get more than the person suing.
 
The lawsuit is about false advertising. Just because you can return something doesn't mean a company can misrepresent a product.

It doesn't really matter how she obtained the device.
Like when Samsung shows pictures in there ads supposedly taken by the camera on the S9/Note9 but they are actually from a DSLR? The excuse Samsung gave was it never stated in the ads that they were photos taken by the phone.. Talk about deceptive.
 
Like when Samsung shows pictures in there ads supposedly taken by the camera on the S9/Note9 but they are actually from a DSLR? The excuse Samsung gave was it never stated in the ads that they were photos taken by the phone.. Talk about deceptive.

I agree that is deceptive and shows Samsung's weak control over its regional offices in Brazil and Malaysia. If it happened with Samsung America, we would probably see a legal complaint.
 
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