Apple is facing yet another class action lawsuit today over the iPhone XS lineup. Specifically, Courtney Davis and Christian Sponchiado have filed the suit against the Cupertino tech giant over deceptive marketing of the new premium iPhones. The suit calls out that in Apple’s marketing shots for the XS and XS Max that the notch at the top of the display is not visible. Ms. Davis and Mr. Sponchiado claim they bought the new iPhone thinking it did not come with the notch. Which, of course, it did.
“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,” the complaint said. “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.”
If you want to read the 55-page complaint, you can do so here.
The suit goes on further to say that Apple is also misrepresenting the screen pixel count because of the notch and the rounded edges of the iPhone XS and XS Max. Because of these, there are 120 pixels missing on the screen. It further explains how developers are only to use the safe area of the screen to assure their apps display properly. That, the suit claims, lowers the actual usable screen resolution from 2436 x 1125 by roughly 10%, down to 2195 x 1125.
It is a well detailed lawsuit but it is still unclear if there will actually be any impact. There is no question that the default wallpapers of the iPhone XS and XS Max do a great job of hiding the notch. That’s visible in the stock marketing photos from Apple.
But in other areas of the Apple site where you can purchase the XS, the notch is clearly visible.
To this point, Apple has not responded to the suit but that’s to be expected. Apple, like many large tech company, has dozens of suits against them at any given time and rarely do they respond to one outright.