Apple Will Face Lawsuit Over Phone-Switching iMessage Issue

[MacRumors]

Just two days after introducing a tool allowing users to deregister their phone numbers from iMessage, a judge has ruled that Apple will face a federal lawsuit over the issue. Apple allegedly failed to notify consumers that leaving the iMessage system and switching to an Android phone would prevent them from receiving messages from other iPhone owners.

According to Reuters, Judge Lucy Koh has ruled that former iPhone customer Adrianne Moore's lawsuit, filed earlier this year, will be allowed to continue. Moore's lawsuit alleges that she ceased receiving messages after she switched to the Samsung Galaxy S5 from an iPhone 4, which interfered with her contract with Verizon Wireless. Moore is seeking both class-action status and unspecified damages from Apple.

In court documents, Apple argued that there's no law covering technology that "simply does not function as plaintiff subjectively believes it should," and that it did not claim iMessage and Messages would be able to recognize when iPhone users switched to non-iPhone devices.

In a Monday night decision, Koh said Moore deserved a chance to show Apple disrupted her wireless service contract and violated a California unfair competition law, by blocking messages meant for her.

"Plaintiff does not have to allege an absolute right to receive every text message in order to allege that Apple's intentional acts have caused an actual breach or disruption of the contractual relationship," Koh wrote.

An inability to receive messages after switching from an iPhone to an Android or Windows device is an issue that has affected many former iPhone users over the years. It occurs when iMessages sent from other iPhone owners are routed to a deactivated iPhone rather than being forwarded as a text message to an active smartphone.

Earlier this week, Apple introduced a tool that allows users to deregister their phone number from iMessage in order to prevent the issue from occurring. Prior to the launch of the web tool, there was no way for users to effectively remove themselves from the iMessage system.


Article Link: Apple Will Face Lawsuit Over Phone-Switching iMessage Issue

 

[iphone495]

This is the very definition of a frivolous lawsuit. Plus, it would be very hard to prove damage in this case.

 

[jontech]

If that is the case then shouldn't ATT be sued for dropped calls?

 

[Jamalien]

This is completely retarded. Why not do this BEFORE Apple took action. And in all fairness it's hardly lawsuit material in the first place, more of an inconvenience (although admittedly quite a big one if your a tech noob.)

 

[Jimmy James]

Edit: I misunderstood the article upon first reading.

 

[RRmalvado]

The Deregister tool was a long time coming and should've been introduced at around the same time iMessage was.

But shockingly, here come the Applelogists!

 

[Apple_Robert]

Only a US Judge would let this happen.

When court documents are filed, a judge makes a ruling. You prefer mob rule?

----------

If that is the case then shouldn't ATT be sued for dropped calls?

Apples to oranges.

 

[Nermal]

Only in the U.S. can you sue anyone for anything. Plus it would be very hard to prove damage in this case.

There are plenty of documented cases of this issue. While it's difficult to come up with a monetary value, it's very easy to prove that there's a problem - especially when Apple sat on this known issue for three years.

 

[MisakixMikasa]

This is completely retarded. Why not do this BEFORE Apple took action.

Because it takes so long for Apple to correct its course of action? By offering the tool, Apple admitted that there is problem with iMessage. However, Apple did not do anything for years.

 

[Gill Bates]

Then I guess I just keep my iPhone then..
Jokes aside.. it can be a SERIOUS issue to miss certain texts, depending on the matter

 

[joshuaclinton]

I don't see this going far. Even if Apple released a tool to correct the issue, I'm sure there was some clause in the excessively long TOS that excluded Apple from any liability from iMessage.

 

[Mlrollin91]

"Moore is seeking both class-action status and unspecified damages from Apple."

Alright, so because she couldn't receive messages anymore, she thinks she is entitled to monetary compensation for damages? This is ridiculous.

Couldn't she have just disabled iMessage before switching to a new phone? So for her not disabling iMessages, she is now entitled to damages?

 

[a.gomez]

This is the very definition of a frivolous lawsuit. Plus, it would be very hard to prove damage in this case.

what are you talking about... This has always been a problem - that is why Apple took out a tool to fix it. Apple never said if, or how they were going to fix it till now.

 

[numlock]

This is completely retarded. Why not do this BEFORE Apple took action.

you think this pending lawsuit had no impact on apple? they have had all the time in the world but they didnt care. same with a lot of things (seems to be more and more) and if it takes a lawsuit then so be it.

as for apples embarrassing comment that simply does not function as plaintiff subjectively believes it should.

apple didnt even have a proper solution for these customers to stop using imessage. this isnt about software not working as one hoped but rather making it extremely difficult for customers to use other phones.

 

[blucable]

This should be quite obvious that if you switch to an android device you will not be able to use iMessage, you should have noticed that it does not work at all when you message your android buddies... unless you are the biggest moron on earth you need to be advised about this fact...

 

[Thunderhawks]

"Moore is seeking both class-action status and unspecified damages from Apple."

Alright, so because she couldn't receive messages anymore, she thinks she is entitled to monetary compensation for damages? This is ridiculous.

Couldn't she have just disabled iMessage before switching to a new phone? So for her not disabling iMessages, she is now entitled to damages?

Yes, and because it is more expensive to defend oneself it is easier to "SETTLE" and pay go away money.

The class action will result in a $ 5 iTunes gift card.

Gotta love American law and no reforms in sight!

 

[WordMasterRice]

This is the very definition of a frivolous lawsuit. Plus, it would be very hard to prove damage in this case.

Damages will likely be mostly punitive, and justifiably so.

This should be quite obvious that if you switch to an android device you will not be able to use iMessage, you should have noticed that it does not work at all when you message your android buddies... unless you are the biggest moron on earth you need to be advised about this fact...

Thanks for posting with 0 knowledge of the actual issue.

 

[dannyyankou]

Not sure if a lawsuit is necessary, but Apple definitely screwed up here.

 

[TheHateMachine]

The Deregister tool was a long time coming and should've been introduced at around the same time iMessage was.

But shockingly, here come the Applelogists!

Yea, the spin doctor law experts here did not waste any time jumping this article and manning the apple defense shield.

"Moore is seeking both class-action status and unspecified damages from Apple."

Alright, so because she couldn't receive messages anymore, she thinks she is entitled to monetary compensation for damages? This is ridiculous.

Who knows what these missed messages could have caused her. Would you be perfectly fine with you old phone manufacturer essentially holding some of your mobile phone features hostage?

Couldn't she have just disabled iMessage before switching to a new phone? So for her not disabling iMessages, she is now entitled to damages?

Did you read the article?

"Earlier this week, Apple introduced a tool that allows users to deregister their phone number from iMessage in order to prevent the issue from occurring. Prior to the launch of the web tool, there was no way for users to effectively remove themselves from the iMessage system."

Funny how they suddenly released a method to do this only after the threat of a lawsuit. I guess there really was a problem and perhaps this case has merit.

She's going to be shocked to learn that her car won't operate on nautical routes either. Bugger off.

You should at least read the article as it seems you have zero clue what is going on here. If you can't be arsed to, maybe you should the one to bugger off mate.

 

[Jamalien]

you think this pending lawsuit had not impact on apple? they have had all the time in the world but they didnt care. same with a lot of things and if it takes a lawsuit then so be it.

as for apples embarrassing comment that simply does not function as plaintiff subjectively believes it should.

apple didnt even have a proper solution for these customers to stop using imessage. this isnt about software not working as one hoped but rather making it extremely difficult for customers to use other phones.

I do agree that Apple is at complete fault for this issue and acted for years like they didn't care about the matter. However, still don't think it is lawsuit material as problems always occur when switching from one platform to another

 

[horsebattery]

She's going to be shocked to learn that her car won't operate on nautical routes either. Bugger off.

Because expecting texts to work properly after switching phones, and driving a car in the sea are remotely along the same lines of thought?

 

[deeddawg]

Didn't she also file suit against the US Post Office citing that they didn't forward her mail when she moved across town?

 

[numlock]

Not sure if a lawsuit is necessar, but Apple definitely screwed up here.

how many years did you want to give apple to fix this issue? btw their fix dosent even cover all countries.

I do agree that Apple is at complete fault for this issue and acted for years like they didn't care about the matter. However, still don't think it is lawsuit material as problems always occur when switching from one platform to another

you know. if i didnt know anything about apple or tech and would read story i would probably laugh at it but the fact is i know about how apple often treats us customers and what else is here? sending endless bug reports? or spending hours on hold on the phone with apple support?

Didn't she also file suit against the US Post Office citing that they didn't forward her mail when she moved across town?

and this is comparable how?

 

[EricHvk]

There was a solution. Turn off iMessage from your phone before you switch. If you have switched put your sim back into said phone and disable it.

 

[SakuraSuki]

"Moore is seeking both class-action status and unspecified damages from Apple."

Alright, so because she couldn't receive messages anymore, she thinks she is entitled to monetary compensation for damages? This is ridiculous.

Couldn't she have just disabled iMessage before switching to a new phone? So for her not disabling iMessages, she is now entitled to damages?

Because disabling iMessage does not correct the issue as many posters here claiming? It takes me while to get out when I switch to Android two years ago. By disabling the iMessage, I still cannot receive any text messages. It seems corrected itself after few weeks