It might sound bizarre, but one American, Courtney Davis, has sued Apple because the iPhone she ordered came with a small notch on the top of the screen, Business Insider reports.
The controversial notch on the iPhone XS and iPhone XS Max models houses an advanced front camera which, among other things, is necessary for the face detection system that unlocks the device. However, in promoting these devices, Apple has been constantly using visuals where notch is not noticeable because it melds with the black background of the wallpaper they used. Courtney Davis believes that such advertising was misleading, that it was not in line with the actual appearance of the device and on this track she filed a complaint with the district court in northern California.
Her attorneys accused Apple of hiding the notch in their marketing campaigns for the new iPhone, which led Mrs. Davis to believe that the iPhone XS Max, which she had preordered, would not have the notch at the top of the screen.
“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.
In addition, they also pointed out that Apple should not count pixels on the corners of the device in their advertising, since they are rounded off. In comparison, the complaint also states that the older iPhone 8 has a better screen than the new models, although the iPhone XS and iPhone XS Max are advertised as smartphones with excellent screen quality.
Davis and her attorneys are seeking class-action status, and although there is no guarantee that they will succeed in this, according to Business Insider this lawsuit is still the first time that promotional materials for some of the latest iPhone models are so closely scrutinized in a legal sense.
Additionally, when the first photos of these models leaked in August, many tech experts already then pointed out that thee black background is used to hide the infamous notch, making it virtually invisible.
