Apple is being sued in a class-action lawsuit over misleading marketing images to advertise the company’s iPhone X, iPhone XS and iPhone XS Max smartphones. Two plaintiffs — Christian Sponchiado and Courtney Davis — have filed a lawsuit against Apple in the Northen District of California over misleading images to hide the notch to create a false impression that the company’s flagships had notchless displays.
The plaintiffs allege that the ‘planet’ wallpaper was misleading, as it diverts a user’s attention from the notched display. So basically, the lawsuit accuses Apple of lying about the display size and specifications in its iPhone X lineup of devices.
The lawsuit claims the back portions of those wallpapers have been intentionally included to hide the notch on the iPhone X, iPhone XS and iPhone XS Max. The filing says that those marketing images lead one of its plaintiffs to believe that the iPhone XS Max she ordered did not have a notch.
“Defendant’s marketing of its Products falsely inflates their screens’ supposed pixel counts, resolutions, and sizes to make the Products seem more appealing to consumers,” the complaint said. “Defendant does so because screen resolution is an important factor to consumers when evaluating smartphones.”
A class action lawsuit also accuses Apple of making fraudulent claims about the size and pixel count of its OLED iPhone displays.
The 55-page complaint claims that the Cupertino company lied about the screen size by counting non-screen areas like the notch and corners. According to the complaint, the iPhone X’s display is “only about 5.6785-inches and not 5.8-inches, as advertised.
It is not the first time Apple has been sued over its devices. Earlier this year, a number of customers sued the company in separate 59 lawsuits over a software tweak that throttles some old iPhones.
If you recall, the company was hit by another class-action lawsuit over “defective keyboards” in MacBook and MacBook Pro models.