Apple gets sued by a customer over the notch

Apple gets sued by a customer over the notch
The Apple iPhone X was not the first phone to sport a notch. That honor belongs to the Essential Phone. However, the iPhone was the first of the "mainstream" smartphone brands to feature the notch, and is the phone most associated with it. Because of the edge-to-edge screen and the resulting bezel shrinkage, the notch contains the cameras and sensors for FaceTime and FaceID.

Business Insider says that a lawsuit was filed today in the Northern District of California by one Courtney Davis. It seems that Ms. Davis feels that she was misled by some of the marketing images used by Apple to promote its iPhone XS and iPhone XS Max handsets. She thought that by looking at these images, the iPhone XS she ordered did not come with a notch. Part of the filing shows how hard it is to see the notch with a black background, although we should add that even on Apple's website the notch doesn't exactly jump out at you.



The suit seeks class action status and damages from Apple. There are some other claims involved, including one that alleges Apple overstated the pixel count on the screen because of the rounded corners.

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iPhone XS Max
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77 Comments

1. Subie

Posts: 2383; Member since: Aug 01, 2015

I always thought the marketing images of the planet earth with the notch blending into space were brilliant! And as far as her law suit is concerned - I'm not buying her story. I don't believe anyone buying the XS or XS Max this year would believe it to be notch-less when ordering. And with Apple's return policy anyone dissatisfied with the notch can just return it...

2. 14545

Posts: 1835; Member since: Nov 22, 2011

That's what I don't get. They have a return policy, so there is nothing preventing her from returning it. She is just looking for a payday.

5. Subie

Posts: 2383; Member since: Aug 01, 2015

And her 15 minutes.

14. Back_from_beyond

Posts: 1438; Member since: Sep 04, 2015

Well it is sort of purposely misleading on Apple's part, the majority of promotional images they've distributed do make an effort to hide the notch and if you base your decision to purchase one based on those images I can understand being a little bit annoyed at Apple for it. Not saying it's completely justifiable to sue them over it, returning it shouldn't be an issue at all, but it is basically false advertising.

16. Arch_Fiend

Posts: 3951; Member since: Oct 03, 2015

!00% agree, defiantly miss leading to the average customer who doesn't look into their phones like we who use sites like PA always do. I always thought the background used in Apple's ads were a bit cheeky and that some have probably bought an iPhone XS thinking it was notches because pf that, I love that i'm right and I hope she gets paid, I know she isn't the only one who did this, she's just the one who's upset enough about it to call them out on it!

36. sissy246

Posts: 7124; Member since: Mar 04, 2015

Oh come on No apple fan here and this is just so stupid. All she had to do is take the phone back.

54. 14545

Posts: 1835; Member since: Nov 22, 2011

I'm the furtherest thing from an apple fan, but this is just dumb.

70. AxelFoley unregistered

This is stupid. It was also stupid when Apple was suing Samsung because consumers were confusing the Galaxy Tab with the iPad. This, in spite of the letters S-A-M-S-U-N-G on it. We live in the world they created. https://www.industryleadersmagazine.com/apple-claims-galaxy-tab-copied-from-ipad-sues-samsung/

39. darkkjedii

Posts: 31286; Member since: Feb 05, 2011

Dude, you gotta be kidding me.

49. Arch_Fiend

Posts: 3951; Member since: Oct 03, 2015

Notchless because of that* I fix my mistakes, Apple never does!

50. MrHate

Posts: 318; Member since: Feb 09, 2015

You know I would rather Apple burn 2 times the money into ashes than that this woman gets any money. She can literally just go to the store or send the phone back. Nobody is forcing her to keep it. Either this person is completely stupid (just look at her reasoning) or she is full of shit and trying to play the system and earn some money that she doesn't deserve.

69. Arch_Fiend

Posts: 3951; Member since: Oct 03, 2015

I suppose you can see it that way if you want, I don't feel like arguing the fact that she has a point .

57. tedkord

Posts: 17410; Member since: Jun 17, 2009

This is a baseless lawsuit, and it needs to be tossed and she needs to be fined for wasting the court's time and resources. Return the phone and shut up.

22. apple-rulz

Posts: 2186; Member since: Dec 27, 2016

So then sue Apple for false advertising, win and come back here and rub it in the faces of all us iSheep. Otherwise shut the f**k up.

65. strategic_developer

Posts: 1627; Member since: Jul 17, 2018

Just like they did as showing the camera being flatten and yet it was not and hasn't been for a while. It was purposeful. Though she shouldn't win, the deceptive advertising could end up costing them a bit. But she could have returned the phone.

67. Paximos

Posts: 283; Member since: Jul 26, 2012

Brings memory of hot coffee from McDonald lawsuit.

77. Mopowa21

Posts: 33; Member since: Jan 16, 2017

That women received 3rd degree burns because employees made the coffee too hot.... At any rate if you read about the entire case she was justified in her lawsuit.

43. Be_Mine

Posts: 287; Member since: Dec 29, 2013

It is not just the iPhones. Just check their other products especially their iMac Pro on their website. Apple will altogether hide the Thick Bezels or reduced the Bezels size by almost half.

76. sleepypandaeyes

Posts: 376; Member since: Apr 12, 2015

If your willing to pay a premium for anything, you have to do some research at least. With the Internet at your fingertips it's really not that hard to find out information on the newer iPhones and their features. This lady is on some next level stupidity.

3. theot14430 unregistered

Apple should send someone over to her home and bitch slap her.

4. Dr.Phil

Posts: 2431; Member since: Feb 14, 2011

While Apple did pick that wallpaper for the phone to hide the notch (because even they know that an all screen device looks better than one with a notch), it’s not as if they purposely hid the notch on their product page. In fact I just went to the XS page on my phone and I only had to scroll down to it talking about the screen size in comparison to the iPhone 8 for it to prominently show the notch (which was toward the top of the page). Not to mention the mini logos on the Apple homepage show the XS with a notch.

6. kanagadeepan

Posts: 1267; Member since: Jan 24, 2012

Even apple knows the notch in their phones are hideous. Hence they used wallpapers which hide them in all their promotions.

18. AmashAziz

Posts: 2931; Member since: Jun 30, 2014

Notches are always hideous. No matter whichever brand's phone it's on.

60. tedkord

Posts: 17410; Member since: Jun 17, 2009

Notches, holes, tear drops...

40. darkkjedii

Posts: 31286; Member since: Feb 05, 2011

I love how it looks personally. Makes the phone stand out.

58. tedkord

Posts: 17410; Member since: Jun 17, 2009

A goiter will make one stand out, too.

81. darkkjedii

Posts: 31286; Member since: Feb 05, 2011

What can I say, notches look cool to me.

7. DigitalBoy05

Posts: 278; Member since: Jun 04, 2011

I’m confused sarcastically by her retail store argument. Retails with those images have the real phone to demo right above / below.

9. aegislash

Posts: 1514; Member since: Jan 27, 2015

Yeah I just find it incredibly hard to believe that she had never seen the XS/XS Max with the notch not being blended in, at least once prior to purchasing, whether it be in an ad or whatever. Something fishy.

21. Back_from_beyond

Posts: 1438; Member since: Sep 04, 2015

Not everyone is familiar with the iPhone X, XS, XS Max or XR, believe it or not. It's actually pretty easy to never have seen the notch until you buy one, if you don't look into it at all. All she has to do is argue that she went completely by those images alone, try to prove otherwise, I'd say.

* Some comments have been hidden, because they don't meet the discussions rules.

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