Judge allows lawsuit over missing text messages to proceed against Apple

Posted:
in General Discussion edited January 2015
Days after Apple provided a Web tool to allow ex-iPhone users to deregister their cell phone number from its iMessage service, a California judge has ruled that a class-action lawsuit against Apple for "hijacking" users' ability to receive text messages can proceed.




U.S. District Judge Lucy Koh ruled this week that Apple must face the complaint lodged by plaintiff Adrienne Moore, as noted by Reuters. She sued Apple after switching from an iPhone 4 to a Samsung Galaxy S5, after which she realized she was no longer receiving text messages from iPhone users.

Apple's iMessage system works by associating a user's account with their cell phone number. Previously, if a user did not deactivate the iMessage service before getting rid of their iPhone, they could not receive text messages sent from iPhone users to their non-iPhone device.

The problem has existed since 2011, when iMessage first debuted, but Apple didn't launch a Web tool to delist cell phone numbers from the iMessage service until this weekend. As long as a cell phone number is connected to an iMessage account, texts or media messages sent from an iPhone are intercepted by Apple and sent as iMessages, which cannot be received on an Android phone, Windows Phone, or other platform.

Moore seeks class-action status for her complaint, along with unspecified damages resulting from the loss of "countless" text messages. Koh agreed that the case should proceed, giving Moore the opportunity to argue that Apple violated unfair competition laws.

For its part, Apple believes it did not violate any laws. In a filing, lawyers for the company said that it is not illegal for technology to "not function as plaintiff subjectively believes it should."

Any future switchers who leave the iPhone platform won't face the same problems seen by Moore and others, thanks to Apple's new "Deregister iMessage" website. Users must simply enter their cell phone number and receive a confirmation code, which can then be entered at the site to delist the number from iMessage. Doing so will ensure that messages sent from iOS devices will default to standard SMS or MMS messages rather than iMessage.
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Comments

  • Reply 1 of 95

    Not even the carriers themselves guarantee the deliverance, timely or at all, of text messages sent through their networks. 

     

    It's frustrating, sure, but really ridiculous imo. GTFU. 

  • Reply 2 of 95
    Why not. Haters gonna hate.
  • Reply 3 of 95
    maestro64maestro64 Posts: 4,233member
    oh boo hoo she was left out of the stupid text msgs, really way not call someone next time.
  • Reply 4 of 95

    Sweet fancy Moses! What a crock. Apple needs to start counter-suing to discourage these moronic class-actions.

  • Reply 5 of 95
    lilgto64lilgto64 Posts: 1,147member
    Aw crap why isn't it illegal for technology to not work the way I expect it? Of course if it were, then pretty much everyone at Microsoft would be in jail.

    It does seem that 3 years is an egregious length of time for this not to be fixed - and that the system should have been designed from the beginning to determine when an iMessage was not being delivered an automatically resend it via SMS.

    What about (perhaps very fews) cases where you no longer have any phone linked to the previous number? It makes sense that the confirmation is sent to the registered phone number since it would be somewhat disruptive to change phone numbers every time you changed carriers or phones etc but still it could happen that someone who maybe didn't even know they weren't receiving certain texts for years no longer has access to a device registered to that phone number.
  • Reply 6 of 95
    I do think that Apple should have come up with a solution earlier than a few days ago. However, I am not sure there was any hijacking of text messages. It is clear that when iMessage is turned on, a "text" is actually sent over the data network and through Apple's servers, and this can only happen between iOS devices(and Macs.)

    If the person moving away from an iOS device turned iMessage off before switching platforms, things would be fine. If the people still on iOS sending messages to the same person turned off iMessages, then texting would work just fine.

    What we have here is ignorance turned into whining turned into class action lawsuit. Only the main plaintiffs and the lawyers will see a big payday; others will get something to nothing.

    Still, Apple should have fixed this sooner; if they can pull together a remove U2 album from iTunes in a week, surely this could have been solved sooner.
  • Reply 7 of 95
    jungmarkjungmark Posts: 6,548member
    This is nothing more than a cash grab. If the text was important, an actual call would have been an option.
  • Reply 8 of 95
    Oh yea. Let's get a zillion class action suits against Microsoft. Their software has failed to operate properly for.... ever. I'm guessing judge Koh has never had a technical issue before. Lucky her. What a chucklehead.
  • Reply 9 of 95

    Also, I'm pretty sure Apple has a disclaimer on the delivery of their text messages. I doubt they 100% guarantee delivery of every text. I'll do a search.

     

    UPDATE:  Of course they have a reasonable terms and conditions that covers this BS suit (emphasis mine) —

     

    Quote:

    V. Content and Your Conduct

     

              A. Content

     

    "Content" means any information that may be generated or encountered through use of the Service, such as data files, device characteristics, written text, software, music, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not Apple, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. Apple does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.



     

    ...and...

     

    Quote:

            D. Back up Your Content

     

    You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Apple shall use reasonable skill and due care in providing the Service, but Apple does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

     

              E. Access to Your Account and Content

     

    Apple reserves the right to take steps Apple believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that Apple may, without liability to you, access, use, preserve and/or disclose your Account information and Content to law enforcement authorities, government officials, and/or a third party, as Apple believes is reasonably necessary or appropriate, if legally required to do so or if Apple has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Apple, its users, a third party, or the public as required or permitted by law.



     

    https://www.apple.com/legal/internet-services/icloud/en/terms.html

     

    This plaintiff cannot use Apple's services without agreeing to this Terms and Conditions agreement.

  • Reply 10 of 95
    Why not just deactivate iMessage and/or sign out of iCloud when leaving the walled garden. The law suit is a load of horse manure
  • Reply 11 of 95
    Professional class action law suit "ambulance chasers"? [URL=https://www.verizonthirdpartybillingsettlement.com/(S(vwnekdhhnqcpn203viq2gkt0))/Group2/FAQ.aspx]https://www.verizonthirdpartybillingsettlement.com/(S(vwnekdhhnqcpn203viq2gkt0))/Group2/FAQ.aspx[/URL]
  • Reply 12 of 95
    Quote:

    Originally Posted by appleabuser View Post



    I do think that Apple should have come up with a solution earlier than a few days ago. However, I am not sure there was any hijacking of text messages. It is clear that when iMessage is turned on, a "text" is actually sent over the data network and through Apple's servers, and this can only happen between iOS devices(and Macs.)



    If the person moving away from an iOS device turned iMessage off before switching platforms, things would be fine. If the people still on iOS sending messages to the same person turned off iMessages, then texting would work just fine.



    What we have here is ignorance turned into whining turned into class action lawsuit. Only the main plaintiffs and the lawyers will see a big payday; others will get something to nothing.



    Still, Apple should have fixed this sooner; if they can pull together a remove U2 album from iTunes in a week, surely this could have been solved sooner.



    This suit should be immediately tossed based on the T&C she agreed to prior to using the service.

  • Reply 13 of 95
    jungmark wrote: »
    This is nothing more than a cash grab. If the text was important, an actual call would have been an option.

    It does seem petty. I'm interested in knowing if the sender's Messages app indicated that the message was delivered. The average iPhone user probably has no clue what the different colors signify. Reckon the lawyer think there's a lot of people affected since they are seeking Class status.

    I've known people that left the IOS ecosystem for Android. Never had this problem though cause their contact information gets manually removed from Contacts on whatever device is handy and updates all the rest.
  • Reply 14 of 95
    Apple has made it clear that anyone encountering this issue can contact Apple to receive help in delisting their number from iMessage. Good luck with a class action suit regarding a support issue.
  • Reply 15 of 95
    Judge Koh? You mean the resident Apple hater judge? She is still pissed the two juries found Samsung guilty.
  • Reply 16 of 95
    Quote:

    Originally Posted by appleabuser View Post



    I do think that Apple should have come up with a solution earlier than a few days ago. However, I am not sure there was any hijacking of text messages. It is clear that when iMessage is turned on, a "text" is actually sent over the data network and through Apple's servers, and this can only happen between iOS devices(and Macs.)



    If the person moving away from an iOS device turned iMessage off before switching platforms, things would be fine. If the people still on iOS sending messages to the same person turned off iMessages, then texting would work just fine.



    What we have here is ignorance turned into whining turned into class action lawsuit. Only the main plaintiffs and the lawyers will see a big payday; others will get something to nothing.



    Still, Apple should have fixed this sooner; if they can pull together a remove U2 album from iTunes in a week, surely this could have been solved sooner.



    Quote:

    Originally Posted by APG1959 View Post



    Why not just deactivate iMessage and/or sign out of iCloud when leaving the walled garden. The law suit is a load of horse manure

     

    Except that, a ton of people DID DEACTIVATE iMessage like they were supposed to and they still didn't get text messages. People went through all the procedures they needed to and it didn't work. So there's that.

     

    I do think that this lawsuit is crap nonetheless. 

  • Reply 17 of 95
    God if we could bring class action against companies over technical issues. I would get Microsoft back for 25 years of Windows.
  • Reply 18 of 95
    rogifanrogifan Posts: 10,669member
    Apple has made it clear that anyone encountering this issue can contact Apple to receive help in delisting their number from iMessage. Good luck with a class action suit regarding a support issue.

    Would everyone know if they weren't getting messages that this was the issue?
  • Reply 19 of 95
    Haters gonna hate.


    [VIDEO]
  • Reply 20 of 95
    Quote:

    Originally Posted by SpamSandwich View Post

     

    Also, I'm pretty sure Apple has a disclaimer on the delivery of their text messages. I doubt they 100% guarantee delivery of every text. I'll do a search.

     

    UPDATE:  Of course they have a reasonable terms and conditions that covers this BS suit (emphasis mine) —

     

     

    ...and...

     

     

    https://www.apple.com/legal/internet-services/icloud/en/terms.html

     

    This plaintiff cannot use Apple's services without agreeing to this Terms and Conditions agreement.




    Nobody reads the Apple contract.... it all start with Adam and Eve. :-) It's their fault.

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