Apple iPhone 4S users know that Siri, the voice-activated personal assistant, can be hit or miss. Sometimes she understands you perfectly and reacts with precision, and other times? Well, not so much.

But a New York man is so upset by Siri’s flaws and foibles that he’s filed a lawsuit against Apple.

Frank M. Fazio says the commercials showing Siri promptly responding to commands amount to false advertising and a “misleading and deceptive message” about what the technology can and can’t do.

In his lawsuit, filed in a California district court, he claims that when he’s asked Siri to find a location or provide directions, “Siri either did not understand what Plaintiff was asking, or, after a very long wait time, responded with the wrong answer.” He also said that, compared to Apple’s ads, Siri is “far less responsive in real life” and seems “like a work in progress.”

For its part, Apple has often said Siri is in “beta,” meaning it’s still being developed, and is thus not a “final” product.

[The Wall Street Journal]