Those of us with an iPhone 4S boasting Apple's personal-assistant Siri, we understand the frustration when the nice lady inside our phone doesn't grasp a word we're saying. However, one New York man has had enough of Siri's hearing impairment so he's taking the Cupertino company to court. As reported in the Washington Post on Tuesday, Frank M. Fazio has filed a class-action lawsuit against Apple, "saying that the company has been 'misleading and deceptive' about what the iPhone 4S virtual assistant can do."

Part of the suit reads, "in many of Apple's television advertisements, individuals are shown using Siri to make appointments, find restaurants and even learn the guitar chords to classic rock songs or how to tie a tie." According to Fazio, these claims are misleading. He has had trouble getting Siri to understand him (join the club) even though he bought the new iPhone 4S to get Siri.

Another piece of the lawsuit, according to Slate, goes on to say, "Notwithstanding Apple’s extensive multimillion-dollar advertising campaign showcasing the Siri feature, and the fact that the iPhone 4S is more expensive than the iPhone 4, the iPhone 4S’s Siri feature does not perform as advertised, rendering the iPhone 4S merely a more expensive iPhone 4."

However, Apple might be in the clear since they do have disclaimers about shortened sequences. "The company can probably excuse a lot with the 'sequences shortened' disclaimer it puts on its ads, including, perhaps, shortening to exclude repeating one’s self," WaPo's Hayley Tsukayama points out, adding: "Yet while I agree that Siri lacks features I would like to have — such as the ability to launch apps — and that the ads portray a much smoother experience than the real-life product, it's probably a stretch to call it "fiction.' "

The lawsuit is seeking an unspecified amount in damages.

While too litigious for our taste, we must admit that, yes, Fazio has a point. Your SFist editor, forever saddled with a mumbling SolCal intonation, has had spoken requests that almost always went over Siri's head. Frequently. Even the Scottish have struggled to get her to understand them. So does Steve Cuozzo, NY Post's chronically cranky fist shaker.

What about you? Does Siri get what you're trying to tell her?