Judge denies group status for lawsuit targeting Apple over lost iMessage texts

Posted:
in iPhone edited August 2015
A California lawsuit over texts lost in Apple's iMessage network can't proceed as a group case, a judge ruled, as it isn't clear all of the proposed members were impacted by a "contractual breach or interference" originating from iMessage.




U.S. District Judge Lucy H. Koh stated that even if plaintiff Adrienne Moore might be accurate in blaming "systemic flaws" in iMessage for causing problems with text messaging, that doesn't help the court in deciding whether iMessage "caused the proposed class members to suffer any interference," according to Bloomberg.

Moore's original complaint noted that when she switched from an iPhone 4 to a Android-based Samsung phone, she was suddenly unable to receive texts from people with iPhones. The issue stems from the fact that iMessage links iPhone numbers and Apple IDs, and prefers the latter, since it allows messages to reach someone on any iOS or OS X device.

If a person switches to a non-Apple phone, however, texts from other iPhone owners will by default vanish into the ether. Moore's suit was filed prior to Apple deploying a web tool for separating phone numbers from iMessage.

The problem penalizes people for choosing an alternative product, Moore's court filing said, preventing them from getting the full benefits of their cellphone service.

The latest ruling helps Apple, as it might otherwise have had to spend more on defense, making an out-of-court settlement more likely.
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Comments

  • Reply 1 of 29
    SpamSandwichSpamSandwich Posts: 30,834member
    Please never let this person have an iPhone ever again.
  • Reply 2 of 29
    I love Apple, but they screwed up here, confirmed by their web tool development - ex post facto.
  • Reply 3 of 29
    maestro64maestro64 Posts: 4,476member
    I love Apple, but they screwed up here, confirmed by their web tool development - ex post facto.

    It was an unforseen consequence, Remember this all start during a time of limited text plans all allowed people not to use up text plans and send media files outside the cell text network. People like the feature and were not complaining about it when they were using imessage. The good thing was Apple address the issue quickly once it was made know. Other companies were not so forthcoming on their issues.

    I would like to see the justification of value of this person lost text msgs. She will need to show how she was damage by not get a few text msgs until the issue was resolved.
  • Reply 4 of 29
    am8449am8449 Posts: 343member
    Seems like a case of "let's sue the rich corporation because I can".

    I'm not saying Apple isn't at fault, but it just seems very opportunistic.
  • Reply 5 of 29
    badmonkbadmonk Posts: 770member
    Judge Lucy Koh sided with Apple? Pinch me.
  • Reply 6 of 29
    SpamSandwichSpamSandwich Posts: 30,834member
    am8449 wrote: »
    Seems like a case of "let's sue the rich corporation because I can".

    I'm not saying Apple isn't at fault, but it just seems very opportunistic.

    Of course it's opportunistic. No one sues poor people or the homeless. It's all about money.
  • Reply 7 of 29
    Sounds like someone needs to read their Terms.... Not to mention a simple google would have solved their issue. When you switch from an iPhone you are recommended to turn off iMessage (BEFORE SWITCHING VIA SETTINGS) This has been since the beginning of iMessage. Please lawsuit proves you don't care to do your homework. Apple will win every time vs someone who doesn't care to read Terms. You sign away your life.
  • Reply 8 of 29
    I love Apple, but but but think of the Fandroids! /s
  • Reply 9 of 29
    MacProMacPro Posts: 18,139member
    badmonk wrote: »
    Judge Lucy Koh sided with Apple? Pinch me.

    She'll probably appeal her own decision ;)
  • Reply 10 of 29
    I think this person was hoping that they had ? by the metaphorical balls and due to the addition of the web tool could at least prove some reasonable amount of fault thus ending with out of court settlement payout. Cha cha Ching lol
  • Reply 11 of 29

    They also keep losing messages because they assign wrong device that might be in use by other person. You know if you deliver message then you should do it to all devices logged in - not to random one. Messages to me ended-up on family iPad souvenir thousands miles away overseas instead of on my iPhone.

    I asked specifically Apple to remove any such odd preferences from my iPhone and I have to keep logged out from their iCloud. It is very annoying when Apple does not allow to set preferences on messaging type one wants to use and then their illogical solution forces wrong delivery... and then you cannot use iCloud or you will be assigned same illogical delivery method.

    SMS is SMS not IM so it is time to understand that either Apple becomes telecommunication system supplier or identifies devices properly if this needs to be on Apple network. If I send message to phone number from phone - that means Apple is supposed to deliver on telecommunication channel - not on Internet IM solution and especially on limited Apple cloud (not everybody is on it). Also you do not force people to be on iCloud logged in in order to allow messages. SMS from phone is supposed to work to another phone - it is telecommunication standard - not Apple standard.

  • Reply 12 of 29
    I find it amusing that judge denies group status. This has been happening for few years now and many of us had issues with Apple aggressive solution to eliminate proper SMS channels.

    The judge is in California? Then it makes sense to me why the "friendly" decision.
  • Reply 13 of 29
    SpamSandwichSpamSandwich Posts: 30,834member
    I find it amusing that judge denies group status. This has been happening for few years now and many of us had issues with Apple aggressive solution to eliminate proper SMS channels.

    The judge is in California? Then it makes sense to me why the "friendly" decision.

    That's a completely clueless comment considering previous Judge Koh decisions.
  • Reply 14 of 29
    I find it amusing that judge denies group status. This has been happening for few years now and many of us had issues with Apple aggressive solution to eliminate proper SMS channels.

    The judge is in California? Then it makes sense to me why the "friendly" decision.

    It's been happening for a few years?? The solution has been out there for at least a couple years. If this is still happening to you it's your own fault.

    On your suggestion that the decision is California favoritism to Apple you obviously aren't very well read. This same judge was so obviously against Apple in its suits against Samsung, argued before her, that it led plenty of people on AI to say she was showing favoritism to her Korean ethnicity...
  • Reply 15 of 29
    lkrupplkrupp Posts: 6,782member
    Quote:

    Originally Posted by PotatoLeekSoup View Post



    I love Apple, but they screwed up here, confirmed by their web tool development - ex post facto.



    Totally wrong. The user has always had the ability to decouple their Apple ID from their iPhone and Messages. The fact that they forgot to so before selling or changing their iPhone is the user’s problem. The web tool was created in an effort to allow those users to decouple after they no longer have the device. The Apple discussion forums are full of users who forget to log out of their Apple ID, forget to erase their iPhones, etc. before they sell them to a complete stranger. Then they panic once they realize what they did and blame Apple for it.

     

    No, Apple didn’t screw up here. The user screwed up out of ignorance and wants Apple to pay for it. How was Apple supposed to find out the user switched platforms and automagically decouple the phone number from Messages?

  • Reply 16 of 29
    crowleycrowley Posts: 5,771member
    There's always "favouritism" at play when the judgement doesn't meet the expectations of fanboys and/or the butthurt.
  • Reply 17 of 29
    Quote:
    Originally Posted by maciekskontakt View Post

     

    Messages to me ended-up on family iPad souvenir thousands miles away overseas instead of on my iPhone.

    I asked specifically Apple to remove any such odd preferences from my iPhone and I have to keep logged out from their iCloud.

     


     

    When I gave my iPad 3 to my wife, I performed a "reset to factory settings" first, and she proceeded to set it up with her own data and apps.  No messaging problems or data artifacts whatsoever.  We have SIX Apple devices between the two of us.

     

    Maybe you didn't want to wipe yours, because there were other "souvenirs" (apps, etc.) installed on the tablet you wanted them to have...? 

     

    With all due respect, it sounds like we're missing part of the story here.

  • Reply 18 of 29
    Quote:

    Originally Posted by lkrupp View Post

     



    Totally wrong. The user has always had the ability to decouple their Apple ID from their iPhone and Messages. The fact that they forgot to so before selling or changing their iPhone is the user’s problem. The web tool was created in an effort to allow those users to decouple after they no longer have the device. The Apple discussion forums are full of users who forget to log out of their Apple ID, forget to erase their iPhones, etc. before they sell them to a complete stranger. Then they panic once they realize what they did and blame Apple for it.

     

    No, Apple didn’t screw up here. The user screwed up out of ignorance and wants Apple to pay for it. How was Apple supposed to find out the user switched platforms and automagically decouple the phone number from Messages?


     

    I want to be clear that I don't agree that this plaintiff deserves any kind of monetary compensation.

     

    But to not have a solution available in case the user doesn't "de-couple" or whatever is ridiculous. What if their phone is accidentally destroyed and they choose to replace that one Apple product they own with a non-Apple phone?

  • Reply 19 of 29
    SpamSandwichSpamSandwich Posts: 30,834member
    I want to be clear that I don't agree that this plaintiff deserves any kind of monetary compensation.

    But to not have a solution available in case the user doesn't "de-couple" or whatever is ridiculous. What if their phone is accidentally destroyed and they choose to replace that one Apple product they own with a non-Apple phone?

    If you buy an Android phone you certainly won't be using Apple's Messages app.
  • Reply 20 of 29
    jfc1138jfc1138 Posts: 3,090member
    Quote:
    Originally Posted by maciekskontakt View Post

     

    They also keep losing messages because they assign wrong device that might be in use by other person. You know if you deliver message then you should do it to all devices logged in - not to random one. Messages to me ended-up on family iPad souvenir thousands miles away overseas instead of on my iPhone.

    I asked specifically Apple to remove any such odd preferences from my iPhone and I have to keep logged out from their iCloud. It is very annoying when Apple does not allow to set preferences on messaging type one wants to use and then their illogical solution forces wrong delivery... and then you cannot use iCloud or you will be assigned same illogical delivery method.

    SMS is SMS not IM so it is time to understand that either Apple becomes telecommunication system supplier or identifies devices properly if this needs to be on Apple network. If I send message to phone number from phone - that means Apple is supposed to deliver on telecommunication channel - not on Internet IM solution and especially on limited Apple cloud (not everybody is on it). Also you do not force people to be on iCloud logged in in order to allow messages. SMS from phone is supposed to work to another phone - it is telecommunication standard - not Apple standard.




    Tech can be hard: it pays to actually read the instructions and follow them, which you clearly didn't bother doing and then blamed Apple. The user is "supposed" to be competent, but then.... Each and every Apple iDevice I've sold or given away I've first followed the instructions to sever from my account: and so I've never had any issues with that sort of confusion. You might try that rather than just casually giving a souvenir to someone and relying on "supposed to". And as others mentioned the tool to sever the device AFTER you don't follow the instructions has been available for years so any problem you have now is due to your lack of knowledge.

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