However in the case of Apple customer Courtney Davis, she has filed a lawsuit against Apple claiming to have been misled. In a report from Business Insider, Davis says that she was misled over the notch by basing the phone’s design on that of the marketing images found on Apple’s website where thanks to clever angling and choice of wallpaper, the notch was not immediately obvious.
Based on what she saw, she placed an order for the iPhone XS only to discover that when the phone arrived, there was a notch in its design. According to the complaint, “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. 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.”
The lawsuit is hoping to be a class-action lawsuit and is seeking damages from Apple over the alleged misleading advertising. Whether or not the lawsuit will be successful remains to be seen.