So I read Apple's brief to dismiss. I'm pretty sure several of the complaints will be thrown out, but not necessarily all.
Plaintiff's case seems weak on specificity of the "what", "when" and "where" on the reliance on Apple's marketing. It's very general. Apple's defense seems to be also that 18 out of 20 Apple Intelligence features were delivered.
I asked ChatGPT to analyse the the brief:
Here’s a plain-English summary of
Apple’s “Motion to Dismiss” in
Landsheft v. Apple (over delayed Siri / “Apple Intelligence” features):
What the case is about (per Apple’s brief)
- Apple announced a suite of new AI / intelligence features for iPhones (called “Apple Intelligence”).
- Many features were delivered. But two Siri features (“Personal Context Awareness” and “In-App Actions”) were delayed beyond the timeframe some purchasers allegedly expected.
- The plaintiffs (69 individuals) say: they bought iPhone 16 devices expecting all features would arrive promptly. If they had known about the delay, they say, they might not have bought or would have paid less.
- The plaintiffs bring multiple claims: consumer protection statutes (in California and other states), fraud, misrepresentation, breach of warranty, unjust enrichment, etc.
Apple’s motion asks the court to throw out (dismiss) the case before it proceeds.
Key legal arguments by Apple for dismissal
Apple argues that the complaint is legally insufficient in several major respects. Here are the core arguments:
Issue | Apple’s Argument | Why Apple says it fails |
---|
Reliance / causation | Plaintiffs must show that they specifically relied on a misstatement by Apple when deciding to buy. | The complaint uses vague, generic references to “advertising” or “marketing” and doesn’t identify which statements, when they saw them, where, or how they influenced them. Apple says that fails the required legal standard. |
Equitable jurisdiction | Some claims ask for restitution (i.e. returning money). | Apple says plaintiffs have adequate remedies under damages law, so equity claims should be dismissed. |
Consumer protection claims (UCL, FAL, etc.) | The plaintiffs must show Apple acted “unlawfully” or “unfairly.” | Apple argues plaintiffs don’t sufficiently allege that Apple’s conduct meets those criteria under the statutes. |
Express warranty | Plaintiffs must show a specific warranty was breached and must provide pre-suit notice. | Apple contends no such warranty is properly pleaded nor was notice given. |
Implied warranty | Plaintiffs must allege the product was unfit for its ordinary purpose (i.e. “merchantability”). | The complaint does not plead that iPhone 16 is unfit — the devices functioned and were used, and the only complaint is delay in two features. |
Negligent misrepresentation | Some plaintiffs allege Apple negligently misrepresented feature timing. | Apple responds that the “economic loss rule” bars such a claim (i.e. misuse of tort claim when contract/damage context is applicable). |
Breach of contract | Plaintiffs must allege a contractual promise and a breach. | Apple says the complaint fails to allege a binding contract promising the delayed features in a certain timeframe. |
Quasi-contract / unjust enrichment | Plaintiffs ask for recovery under theories of fairness. | Apple contends that where a adequate legal remedy or contract claim exists, quasi-contract claims are improper. |
Additionally, Apple points out that:
- The rollout of features was always planned as “rolling” and not all at once.
- Plaintiffs still received many of the advertised features.
- The alleged delay is limited to two features, not the whole suite.
- The complaint’s allegations are too vague and conclusory to satisfy pleading standards (especially for fraud claims, which have stricter rules).
- Choice of law issues (which state’s law applies) may require further factual development, so Apple argues the court should reserve that until later if the case survives dismissal.
What Apple asks the court to do
Apple requests that
the entire complaint be dismissed under Federal Rules of Civil Procedure:
- Rule 12(b)(6) (failure to state a claim)
- Rule 9(b) (heightened pleading requirement for fraud)
If the court agrees, the case ends (unless plaintiffs are permitted to amend).
Plaintiffs’ likely counterarguments and strengths
- Reliance & specificity
- Plaintiffs will argue they did rely on Apple’s marketing or statements about timing of features when purchasing iPhone 16.
- They may present specific advertisements or statements (e.g. the Bella Ramsey ad in September 2024) that mentioned the new intelligence features arriving over time, but which plaintiffs interpreted as implying a tighter schedule. Apple even notes some plaintiffs refer to that ad in its brief.
- They may argue that Apple’s own descriptions and promises, or the developer conference (WWDC) pitch, created expectations about rollout timing. [One of the strongest points]
- Delay is material
- They could claim that timing of the two delayed features was a material selling point, not a trivial detail — thus misrepresentations about timing could be significant to buyer decisions. [One of the strongest points]
- The argument would assert that consumers value receiving all advertised features promptly, not just eventually.
- No functional defect, but expectation of delivery
- Plaintiffs might distinguish this from a product defect case: their claim is not that the iPhones don’t work, but that promised capabilities (Siri features) were delayed.
- Their theory is more about fraudulent delay / misrepresentation than a defect.
- Restitution / equitable claims
- Plaintiffs may argue equity claims (e.g. UCL’s restitution, unjust enrichment) are needed because damages might be hard to measure exactly (how much value lost by delay).
- They could contend restitution is appropriate even if damages claims exist, depending on statutory frameworks of states.
- Breach of warranty / contract
- Plaintiffs might assert that Apple’s marketing or feature announcements constitute express warranties or promises.
- They may claim there was a contract between Apple and consumers or that the terms offered implied a warranty that new features would arrive in a certain timeframe.
- Negligent misrepresentation
- Plaintiffs may argue Apple owed a duty to make truthful statements about timing since consumers rely on such statements in product marketing.
- They might try to rebut Apple’s invocation of the “economic loss rule” by emphasizing hybrid aspects of software and hardware, or that misrepresentation is independent of mere product performance.
- Choice of law / class claims
- Plaintiffs will likely argue that Apple’s choice-of-law clauses (e.g. in iOS License Agreements pointing to California law) are not valid for all claims or for non-contract claims.
- They may assert that courts should let class claims under various states’ laws proceed (or at least survive a motion to dismiss) until fuller record (discovery) develops.
Likely claim survivability
Not all claims are equally strong. Here’s how they might fare if the case proceeds:
- Fraud / misrepresentation claims: These face a high bar (Rule 9(b) standard). Unless plaintiffs can point to specific statements and show reliance, this is weak. [The plaintiff's lacks a lot of specificity here]
- Contract / warranty claims: If plaintiffs can identify a clear promise or warranty tied to the delayed features and establish that became part of their purchase agreement, these might survive.
- Equitable claims (restitution, unjust enrichment, UCL restitution prong): These may survive in part, especially if the court finds damages inadequate or if plaintiffs can show Apple was unjustly enriched.
- Consumer protection claims under state statutes (UCL, FAL, CLRA): Depending on how well plaintiffs show misrepresentation, unfairness, or causation, some state law claims might survive.
- Negligent misrepresentation: This is more vulnerable due to the economic loss doctrine in many jurisdictions, but a court might allow it if plaintiffs frame it carefully or apply jurisdiction where that doctrine is limited. [I think the plaintiffs face an uphill battle here in California]
[My comments]