The Apple iPhone 4S has been a hit since being released last year but one New Yorker is not happy with its performace at all and is suing Apple because of its poor performance. Check out his lawsuit after the jump.




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Did you buy an iPhone 4S on the promise that Siri, Apple’s world-famous “intelligent assistant,” would let you command your phone with your voice? And were you disappointed by how it actually performed in reality?

That appears to be the story of Frank M. Fazio, a New Yorker who is suing Apple for false advertising. In a complaint filed with the U.S. District Court in San Jose, Fazio alleges that Siri in real life is nothing like the Siri depicted in Apple’s TV spots. Those ads show Siri making appointments, finding restaurants and providing instructions on how to tie a tie.

Fazio, who is represented by the law firm Robbins Geller Rudman & Dowd, says those ads are “fundamentally and designedly false and misleading” since Siri “does not perform as advertised.” He goes even further, implying that, without Siri, the iPhone 4S is merely a more expensive iPhone 4.

Soon after the iPhone 4S went on sale last fall, Fazio says he bought one (the 32 GB model) because he was impressed by the Siri ads. Shortly after that, however, he found it didn’t work as he expected. When Fazio asked Siri for directions, he says it either didn’t understand him or, after a long wait, responded with the wrong answer.

Fazio filed his suit as a class action — if others decide to sue Apple over Siri, they’ll all likely become part of the same suit. An Apple spokesperson didn’t immediately respond to a request for comment.

Siri aside, Fazio’s claim that the iPhone 4S is just a more expensive iPhone 4 without the feature is fundamentally wrong. The iPhone 4S has a dual-core processor, more storage and a redesigned antenna. Also, in the AT&T version, the data connection is faster. None of those features are available on the iPhone 4.