Apple accused of bait-and-switch tactics with iPhone 16 AI rollout

Apple iPhone 16 class action overview:

• Who: iPhone 16 owner Christian Varbanovski has filed a class action lawsuit against Apple Inc.
• Why: Varbanovski claims Apple falsely and misleadingly advertised that the iPhone 16 would include the company’s new “Apple Intelligence” technology.
• Where: The class action lawsuit was filed in California federal court.

An iPhone 16 owner claims Apple falsely advertised that the company’s latest smartphone would include new artificial intelligence (AI) technology called “Apple Intelligence,” which he argues has yet to be properly rolled out.

Plaintiff Christian Varbanovski claims Apple advertised that the iPhone 16 would include the new AI technology, including an upgraded version of its virtual assistant Siri, at the time of its release, despite allegedly knowing it would not be available for years.

“Apple knowingly advertised the iPhone 16 as having features and capabilities it did not have, and will not have for the foreseeable future,” the Apple iPhone 16 class action lawsuit says.

Varbanovski wants to represent a nationwide class and New York subclass of consumers who purchased an iPhone 16, iPhone 16e, iPhone 16 Plus, iPhone 16 Pro or iPhone 16 Pro Max for purposes other than resale.

Apple iPhone 16 AI technology won’t be available until 2027, class action claims

Varbanovski argues that Apple touted the iPhone 16 as being “built for Apple Intelligence” and including a “more personal Siri” that could analyze data across applications and solve everyday problems.

Apple allegedly began promoting its Intelligence technology in June 2024, months before the iPhone 16 was released in September 2024.

“Apple profited off this false and fraudulent advertising,” the Apple iPhone 16 class action lawsuit states. “Consumers, excited about the new Apple Intelligence and Conversational Siri capabilities that Apple spent months advertising, paid a price premium for an expensive new iPhone that does not have many of the advertised features,” the lawsuit says.

Varbanovski claims Apple is guilty of fraudulent concealment and breach of contract and of violating the Consumers Legal Remedies Act, the Song-Beverly Consumer Warranty Act, California’s Unfair Competition Law and False Advertising Law and New York General Business Law.

The plaintiff demands a jury trial and requests declaratory and injunctive relief and an award of compensatory and punitive damages for himself and all class members.

Consumers recently filed two class action lawsuits against Apple. One alleges the company falsely advertised three of its Apple Watches as carbon neutral, and the other claims its Apple Watch bands contain harmful substances.

Do you own an iPhone 16? Let us know in the comments.

The plaintiff is represented by Laurence D. King, Matthew B. George and Clarissa R. Olivares of Kaplan Fox & Kilsheimer LLP.The Apple iPhone 16 class action lawsuit is Varbanovski v. Apple Inc., Case No. 5:25-cv-03517, in the U.S. District Court for the Northern District of California.

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