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Apple Sued For Misleading ‘Notch’ Advertising

Californian resident, Courtney Davis, has sued Apple for misleading advertising, asserting promo images for the new iPhone XS and iPhone XS Max did not clearly show a ‘notch.’

Like last year’s iPhone X, both new iPhones have a characteristic ‘notch’ to house advanced facial ID components and a front camera set-up.

The distinct design element – which has appeared on other flagship devices this year (e.g. Huawei Mate 20, LG V40) – prevents increasing bezels around the phone’s edge.

Ms Davis’ legal team has labelled Apple’s iPhone promo images misleading, for not reflecting the presence of a notch.

Lawyers assert the black overlaid image lead Ms David to pre-order a device she believed would not come with a notch.

“Images that disguise the missing pixels on the Products’ screens are prominent on Defendant’s website, as well as in the advertisements of retailers who sell the products,” reads the complaint.

“These images were relied on by Plaintiff Davis, who believed that the iPhone XS and XS Max would not have a notch at the top of the phone.”

The lawsuit is seeking class-action status and damages from Apple.

[iPhone X ‘notch’]

Whilst it’s unclear what the final result may be, it’s notably the first time Apple’s iPhone promotional images have been legally slammed, despite being leaked several weeks ahead of launch by tech commentators.

Lawyers are also criticising Apple for counting corner pixels in advertising, claiming they’re rounded off.

Current consensus is mixed, with some agreeing Apple should have been more clear, and others asserting it’s the buyer’s responsibility to investigate.

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