Judge Dismisses Android-Switching iMessage Lawsuit Against Apple

[MacRumors]

U.S. District Judge Lucy H. Koh has dismissed [PDF] a lawsuit against Apple over a long-standing issue that prevented some former iPhone owners who switched to Android smartphones from receiving text messages from other iOS users, as reported by Business Insider.

Koh originally ruled against granting the lawsuit class-action status, because it was not clear enough that all Android smartphone switchers were actually affected by the issue, but a trio of plaintiffs Adam Backhaut, Bouakhay Joy Backhaut and Kenneth Morris persisted with their case.

The three alleged that they switched from iPhones to Android phones in 2012. After that, texts sent to them from other iPhone users were not delivered. They were probably stuck in Apple's iMessage system, which was notoriously unreliable at delivering texts to Android phones until late 2014, when Apple introduced a fix for the bug. That constitutes a violation of the Federal Wire Tap Act, the three claim. Apple denied the allegations.

Apple launched a web tool in November 2014 for users to deregister their phone number from iMessage in the event they switched to a non-Apple device, and Koh ruled that Apple would face a federal lawsuit over the issue just two days later. As of Koh's ruling on Tuesday, however, all lawsuits against Apple related to the matter have come to a close with no punitive damages against the company.

Article Link: Judge Dismisses Android-Switching iMessage Lawsuit Against Apple

 

[ArtOfWarfare]

... Really?

Our court system makes no sense. It rules that Apple has a monopoly on ebooks (a claim that would make sense if you were talking about Amazon, and by extension, none if you talk about any other company), but that it's totally cool for Apple to hold phone numbers hostage.

 

[Orlandoech]

Sounds like Apple has a judge in their back pockets.

Waiting for the Apple apologist to back Apple and freak out over my post.

PS
I own lots of Apple products and dislike Android but this was a huge issue

 

[kodos]

I usually despise class action lawsuits. But iMessages are still being gobbled up by Apple and not being sent as SMSs to my Android device. It is infuriating, and Apple is of no help. I used their web tool, and no improvement.

I won't buy a new Apple device until they fix this. At this point, it appears that I will never be buying another Apple product again. I have missed several very important messages, and had a few peeved friends and family members think I was ignoring them.

 

[theheadguy]

This was/is a huge problem... talk about a case that deserved to move forward...

 

[Tycho24]

... Really?

Our court system makes no sense. It rules that Apple has a monopoly on ebooks (a claim that would make sense if you were talking about Amazon, and by extension, none if you talk about any other company), but that it's totally cool for Apple to hold phone numbers hostage.

Don't be such a silly goose!
Why not try to educate yourself?

Lol, @ "hold phone numbers hostage". *smh*
Sheesh, dramatic hyperbole much??

 

[MH01]

This was the most irritating bug for me and friends , and took Apple a very very long time to resolve, I think these guys have a valid issue here.

No one can deny this was not a huge issue, unless Everyone you know only communicate with with iPhones...

Either KOH does not understand the issue, or is pro Apple. Not 100% of switchers need to be affected for this to be an issue. As in not everyone uses iMessage ...... Mine is off due to this mess, and to his day I have not turned it back on.

Edit: I'm not sure this is resolve for everyone , even after the tool was released. My iMessage was on as default after 9.2 update, and I still got messages delivered to my iPad and not my phone, took me days to realise someone messaged me. All off again. It should just work.

 

[ozaz]

Koh is surely an iPhone user who has never tried switching to Android....

 

[SDub90]

Switched to android in June. Days before I received my phone I disabled imessage on my ipad, iphone, and on my mac before going through the website (just to be sure). Still not getting messages from 1/2 of my iPhone friends/family and there are many group messages that I'm not getting because it still shows my number as imessage for them.

Very frustrating. Luckily it hasn't been an issue with work contacts that matter.

 

[Chatter]

Sounds like Apple has a judge in their back pockets.

Waiting for the Apple apologist to back Apple and freak out over my post.

PS
I own lots of Apple products and dislike Android but this was a huge issue

Its just childish to say "Sounds like Apple has a judge in their back pockets".
Oh well...enjoy the holidays.

 

[Sethp]

When I worked for Apple Care Denmark the possibility to remove this wasn't available as soon as in the US. We had to tell people that it would take four weeks to fix the issue.

 

[69Mustang]

... Really?

Our court system makes no sense. It rules that Apple has a monopoly on ebooks (a claim that would make sense if you were talking about Amazon, and by extension, none if you talk about any other company), but that it's totally cool for Apple to hold phone numbers hostage.

Our court system does some strange stuff sometimes. On that we agree. Bolded: You've taken some serious creative license with the truth regarding the ebook case. On that I'm sure we can agree as well.

This particular case never should have made it in front of a judge. Apple could have saved a few bucks on lawyer fees by handling the issue before 2014.
edit: Apparently, according to some in this thread the issue still persists. That's gotta suck.

 

[MH01]

Its just childish to say "Sounds like Apple has a judge in their back pockets".
Oh well...enjoy the holidays.

Just takes a search of MR or any search engine, to realise this was a quite big issue. So how come the judge saw it as a non issue ? Seems weird to me based on the data available.

 

[friedmud]

I won't buy a new Apple device until they fix this.

Ironically, buying an Apple device would completely fix your problem....

 

[kodos]

Ironically, buying an Apple device would completely fix your problem....

Yes. Which is why I won't be rewarding them with my $$$. Of course, after I mentioned this to my friends, I don't think anyone is switching away from iOS any time soon! .

I probably won't even switch my wife away from iOS because of this, so it really is too bad that Apple is now keeping people in the ecosystem because they hold us hostage.

Doubt they'll ever do anything about it, because evidently they cannot even be sued over this.

 

[stopthenonsense]

I usually despise class action lawsuits. But iMessages are still being gobbled up by Apple and not being sent as SMSs to my Android device. It is infuriating, and Apple is of no help. I used their web tool, and no improvement.

I won't buy a new Apple device until they fix this. At this point, it appears that I will never be buying another Apple product again. I have missed several very important messages, and had a few peeved friends and family members think I was ignoring them.

What are the damages? Missed text messages? Come on! There is no way anyone is going to be able to prove they had any monetary damages over a text message.

 

[MH01]

Ironically, buying an Apple device would completely fix your problem....

You also prevent this from happening by not leaving.

 

[Saucesome2000]

I usually despise class action lawsuits. But iMessages are still being gobbled up by Apple and not being sent as SMSs to my Android device. It is infuriating, and Apple is of no help. I used their web tool, and no improvement.

I won't buy a new Apple device until they fix this. At this point, it appears that I will never be buying another Apple product again. I have missed several very important messages, and had a few peeved friends and family members think I was ignoring them.

I was with you until your second paragraph. If it was that important, they should have called. If the importance meter tops out at "text", it's not important. I do think it was b.s. that Apple didn't see this bug before it became an issue.

 

[macpeach55]

I probably won't even switch my wife away from iOS because of this

So does your wife not have any say in what type of phone she uses?

 

[nobodyuno]

The Lower courts have said that Apple conspired to fix prices. But the story isn't over. Apple has appealed to the Supreme Court and their case has been accepted to be heard by the court. We'll see how it turns out. Stay tuned.

 

[Chatter]

Just takes a search of MR or any search engine, to realise this was a quite big issue. So how come the judge saw it as a non issue ? Seems weird to me based on the data available.

Because we dont have the full story maybe? The judge may (probable does) have different facts in front of them. Maybe the plaintiffs lawyers sucked? I dont know. But just because you and I disagree with a ruling doesnt automatically mean everyone else is corrupt.

 

[DanielSw]

Yes. Which is why I won't be rewarding them with my $$$. Of course, after I mentioned this to my friends, I don't think anyone is switching away from iOS any time soon! .

I probably won't even switch my wife away from iOS because of this, so it really is too bad that Apple is now keeping people in the ecosystem because they hold us hostage.

Doubt they'll ever do anything about it, because evidently they cannot even be sued over this.

Quit complaining and accept the consequences of your actions.

 

[AbSoluTc]

Just takes a search of MR or any search engine, to realise this was a quite big issue. So how come the judge saw it as a non issue ? Seems weird to me based on the data available.

Because of the following..


Apple […] discovered that two of the three plaintiffs in the case had gotten rid of their old iPhones after they filed the suit against Apple. They are thus unable to demonstrate whether texts sent to their phone numbers went to their Apple or Android devices, Apple claimed. One of the plaintiffs also previously asked that she be dismissed as a “named plaintiff” in the case.

The three plaintiffs were a husband, wife and family friend. Judge Lucy Koh dismissed the case in a single-paragraph order.

 

[kildraik]

Don't people have to turn off iMessages? I thought it was as easy as turning off the send/receive on a phone number...?

 

[ousboui]

Just takes a search of MR or any search engine, to realise this was a quite big issue. So how come the judge saw it as a non issue ? Seems weird to me based on the data available.

The fact that Apple had trouble getting a service working reliably does not mean that they broke the law.

The assertion in this case implied that Apple deliberately singled out some Andriod switchers to break their messages. The judge saw through this.

Perhaps searching the Internet is not an accurate gage for how serious a problem really is. In the end only three persons brought this claim against Apple - all from the same family!