Lawsuit Against Apple Over Android-Switching iMessage Issue Fails to Gain Class-Action Status

[MacRumors]

Apple yesterday won a significant ruling against a group lawsuit filed by a former iPhone user who sued the Cupertino company after claiming that switching from an iPhone to an Android smartphone interfered with her receipt of text messages (via Bloomberg).

The plaintiff, Adrienne Moore, noted in her complaint originally filed in May 2014 that an inability to unlink her phone number from iMessage prevented her from receiving text messages sent by iPhone users to her Samsung Galaxy S5 running Android. The lawsuit claimed users switching away from the iPhone to other devices were "penalized and unable to obtain the full benefits of their wireless-service contracts" due to the issue, with Moore and her lawyers alleging Apple failed to successfully elaborate on the "interference" that switching platforms would cause.

The lawsuit sought group status for the claim, which would automatically include all affected users and potentially result in a significant settlement or court judgment, but U.S. District Judge Lucy H. Koh yesterday ruled the suit can't continue as a group lawsuit because it wasn't clear enough that all included members were actually affected by the occurrence described by Moore. Koh decided there was no direct "contractual breach or interference" relating to a problem within the iMessage system itself, thereby giving Apple a victory on the case.

Even if Moore is correct in arguing iMessage has "systematic flaws that could result in the disruption of text messaging services, that determination does not assist the court in determining whether iMessage actually caused the proposed class members to suffer any interference," Koh wrote in her ruling.

The ruling is a win for Apple because allowing the case to proceed stood to increase the iPhone maker's potential costs in defending the case, and could have given plaintiffs leverage to negotiate a deal.

The lawsuit began in May of 2014, with customers noting iMessage issues after switching over to a non-Apple platform since the service was introduced in 2011. Despite Apple's move to address the issue by offering a tool for users to deregister their phone numbers from iMessage, it was ruled last November that the company would indeed face a federal lawsuit on the iMessage issue.

Article Link: Lawsuit Against Apple Over Android-Switching iMessage Issue Fails to Gain Class-Action Status

 

[mr.steevo]

User error.

 

[AngerDanger]

Google before you sue; Apple have a page about the few taps required dissociate phone number from iMessages.

Edit: the page was created after the issue. Still, an off switch is the first item under the iMessages tab in Settings.

 

[Chuck Kostalnick]

Don't let grandma buy a Samsung, and then she won't miss text messages. Problem solved.

 

[MrGimper]

Thrown out due to the plaintiff being mentally unstable.

I mean, what sane person gets rid of an iPhone and goes Samsung

 

[krazifour]

Hasn't anyone at Apple ever switched from iOS to Android before?

 

[RojoLeo]

To those saying it's user error, it's not. Even following these steps, I continue to have issues over a year after switching to an Android. It's completely sporadic, sometimes coming through correctly and sometimes not. I'm unable to receive messages from certain friends who include a specific set of other recipients in a group text, i.e. if they remove one of the other people I'm suddenly able to get the group texts.

I'm an Apple user in many other areas, so save the hate—this is a real issue.

Edit: to be clear, I'm suggesting the issues still needs to be addressed, not that anyone should profit from it.

 

[Four oF NINE]

Plaintiff appears incompetent and somewhat of a crackpot hoping for a payout from deep pockets.

 

[ghost187]

Tim Cook: IT'S A FEATURE!!!

 

[kdarling]

Google before you sue; Apple have a page about the few taps required dissociate phone number from iMessages.

That Apple help page didn't exist until six months after the lawsuit was filed.

 

[FSMBP]

I'm an Apple Fanboy, but I think this case is warranted. iMessage is enabled by default on your iPhone (some people don't know what it is, but they are using it). Then, if I get a new non-Apple iPhone, it creates an issue for people trying to send you messages.

I don't get why Apple didn't implement a system where if a users device doesn't ping its iMessage servers every day or so, it would temporary turn off iMessage for that account until it gets back online.

 

[longofest]

Google before you sue; Apple have a page about the few taps required dissociate phone number from iMessages.

To be fair, they created that a while after the issue was present for quite a number of people.

 

[kcirtap00]

I guess the plaintiff will just have to go out and get a life and a job now. I'm assuming she has neither since she had the time to file this lawsuit.

 

[Poochi]

What's text message?

 

[IamPrad]

Should anyone switching from any platform either way have to access some tool to release their number to get text messages. NO. That is a terrible experience no matter what platform caused it.

If you're customers want them to leave, at least let them leave with ease. After having a poor experience like that I would think it would make it harder for said consumer to want to go back to using said products.

I may not be an iphone user but I still respect Apple and their products.

- Written from my Macbook Pro

 

[oneMadRssn]

Plaintiff appears incompetent and somewhat of a crackpot hoping for a payout from deep pockets.

I guess the plaintiff will just have to go out and get a life and a job now. I'm assume she has neither since she had the time to file this lawsuit.

Even if the class-action failed, what's with all the hate directed at a plaintiff that was trying to protect consumers by calling out a PIA caused by a billion-dollar corporation? It's not like this plaintiff was doing something against all of our interests here - we all benefit when people call out corporations on their BS in a court.

 

[cmwade77]

Actually, as someone who suffered from this at a time when there was no tool available to assist and there were no instructions as to how to prevent it, I would say that Apple did this intentionally to try to prevent people from switching away from iOS and this should have definitely been a class action lawsuit.

 

[justperry]

What's text message?

SMS

Actually, as someone who suffered from this at a time when there was no tool available to assist and there were no instructions as to how to prevent it, I would say that Apple did this intentionally to try to prevent people from switching away from iOS and this should have definitely been a class action lawsuit.

Haha ha....ha, you gotta be joking right?

 

[cmwade77]

Even if the class-action failed, what's with all the hate directed at a plaintiff that was trying to protect consumers by calling out a PIA caused by a billion-dollar corporation? It's not like this plaintiff was doing something against all of our interests here - we all benefit when people call out corporations on their BS in a court.

Exactly, and this was intentional and malicious on Apple's part.

 

[wiz329]

Having dealt with this with a number of friends, this is actually incredibly annoying.

This should never have been a problem. It was.

Apple should have fixed it immediately. They didn't.

Apple should have at LEAST fixed it within a couple months. They didn't.

They deserved to lose this one, IMO.

Don't get me wrong, Apple makes some great products. But they're at fault here.

 

[WordsmithMR]

I've had back up androids (galaxy s series) that I'd switch to when I needed to send my iPhone in over the years and not once lost my texts... What on earth was she doing wrong? This was pretty recent and I don't recall ever needing to do something special to get my texts on temporary switch... o.o

 

[Spectrum Abuser]

SMS

People still do that?

 

[justperry]

People still do that?

Not me but if your internet is out it's still an option.

 

[Wingsnbeer]

It was (perhaps still is) a real issue. I switched to Samsung/Android because Apple was dragging their feet in making a larger iPhone.

The iMessage debacle took several months to sort out and even today I suspect it's still hijacking messages from some of my iPhone peps...

iMessage is just another mechanism Apple uses to lock you into their ecosystem. Thing is, I'll probably never switch back to iPhone because of it.

 

[stewy]

the typical "apple can do no wrong" attitude shining through again!