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Apple sued by ex Apple iPhone user over texts that iMessage didn't forward

Posted: , by Alan F.

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Apple sued by ex Apple iPhone user over texts that iMessage didn't forward
Adrienne Moore has filed a suit against Apple in U.S. District Court for the Northern District of California. Moore claims that she was forced to use iMessage on her Apple iPhone 4 when her phone was updated to iOS 5. The problem really started last month when Moore dropped her iPhone 4 for a brand spanking new Samsung Galaxy S5. Since then, Moore says that iMessage is still sending messages from other iPhone users to her deactivated iPhone 4, but is not forwarding them to her new Galaxy S5. To make matters worse, those sending messages to Moore were never informed that their messages were not reaching her.

Apple has warned those moving their SIM card or phone number to a non-iOS device to shut down iMessages before the actual move is made. Otherwise, other iOS devices can continue to send messages through the iMessages for up to 45 days before giving up. On Thursday, we told you that some are calling iMessage a "black hole" that was sucking up texts that should have been sent via SMS to non-iOS devices. So far, Apple has been unable to fix the problem.

Moore contends that she and other former iPhone users were not made aware of this. As a result, she and others missed "countless messages" which caused "irreparable harm." Moore seeks to broaden the suit to class-action status under California's unfair competition law, arguing that iMessage is not allowing customers of wireless carriers to have their contract fulfilled, by restricting the distribution of text messages. It's a clever argument, but will a jury buy it?
  



source: Scribd via Bloomberg

53 Comments
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posted on 16 May 2014, 17:05 1

1. Ninetysix (Posts: 1678; Member since: 08 Oct 2012)


Good luck brosphine.

posted on 16 May 2014, 17:12 12

3. Ashoaib (Posts: 2423; Member since: 15 Nov 2013)


Now thats the way... an apple way.. apple love law suits

posted on 16 May 2014, 17:25 10

6. Topcat488 (Posts: 1172; Member since: 29 Sep 2012)


Yeah, I hope she can beat Apple at their own game... Suit + Apple = Sapple O.o

posted on 16 May 2014, 17:51 5

14. PhoneArenaUser (Posts: 5497; Member since: 05 Aug 2011)


Good luck to her! :)

posted on 16 May 2014, 18:47 7

23. vincelongman (Posts: 1678; Member since: 10 Feb 2013)


Apple: It just works, expect if you leave us, then screw you

posted on 16 May 2014, 23:31 1

36. elitewolverine (Posts: 2043; Member since: 28 Oct 2013)


They do work rather well. And I have yet to see a case, personally (meaning it is not 100%) where, me as a tech person, has not called apple on behalf of a customer and had it deactivated. Setting up follow up for 48hrs and them stating it hasn't been fixed.

People need to read the terms, this lawsuit wont go very far. They accepted them when they tied their phone# to an online sms service.

posted on 17 May 2014, 01:12

40. vincelongman (Posts: 1678; Member since: 10 Feb 2013)


I've seen it plenty happen of times, it happened to me as well when I got my Nexus 5

I'm not sure if he will win the case, because of what you said, and that its easy to fix, just turn off iMessage and deauthorize your iPhone from your Apple account

I think all Apple need is to make it more clear when you set iMessage up, since 99% of people don't read term since they are far too long

posted on 17 May 2014, 06:01 4

45. NexusPhan (Posts: 537; Member since: 11 Jul 2013)


The point is that it shouldn't happen in the first place. People shouldn't have to know that they need to deactivate their iMessage service prior to switching phones if they want to continue receiving text messages. That's insane. It should just work. My girlfriend has had a million problems with iMessage (And FaceTime). Apple's only advice was to create a new Apple ID. They clearly have some serious issues on their end that they have to fix. Hopefully this lawsuit makes that crystal clean for them.

posted on 17 May 2014, 08:09

50. Awalker (Posts: 554; Member since: 15 Aug 2013)


And there's no guarantee switching off iMessage will work. If you read the lawsuit she turned off iMessage but this didn't resolve the issue. She contacted Apple and they basically told her to jump through hoops if she wanted her texts to go to her new phone. It seems like this is a common problem and a lot of people just wait for their number to be purged from the iMessage server. It purges the number after 45 days.

posted on 17 May 2014, 08:49

51. Ninetysix (Posts: 1678; Member since: 08 Oct 2012)


http://www.samsung.com/us/support/SupportOwnersFAQPopup.do?faq_id=FAQ00053450&fm_seq=62995

posted on 16 May 2014, 17:22 10

5. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


You must be hurt cause Apple is getting sued

Your beloved company will be litigated by a Apple user

posted on 16 May 2014, 17:45 2

10. PhoneArenaUser (Posts: 5497; Member since: 05 Aug 2011)


"Your beloved company will be litigated by a Apple user"

Correction: By EX iPhone user! :D

posted on 16 May 2014, 17:59

16. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Hahaha

+1

posted on 17 May 2014, 07:38 2

49. PAPINYC (banned) (Posts: 2315; Member since: 30 Jul 2011)


Hell hath no fury like a woman iScorned.

posted on 16 May 2014, 17:07 2

2. regkilla (Posts: 83; Member since: 13 Sep 2012)


Some people just want free money.

posted on 16 May 2014, 17:25 19

7. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Some people just love sueing this "Patent troll company"

posted on 16 May 2014, 17:45

9. Ninetysix (Posts: 1678; Member since: 08 Oct 2012)


I know right. They're getting flooded by them. I can't keep up anymore.

posted on 16 May 2014, 17:51 4

13. Finalflash (Posts: 1896; Member since: 23 Jul 2013)


Damn, can't count to at least 5 eh? That's low even by Apple fan standards.

posted on 16 May 2014, 17:58

15. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Hey Ninetysix where are the Fandroids

posted on 16 May 2014, 18:00 2

17. Ninetysix (Posts: 1678; Member since: 08 Oct 2012)


Busy trying to fix their google maps, gmail, playstore, + other google services :(

posted on 16 May 2014, 18:17 1

18. Mxyzptlk (Posts: 4138; Member since: 21 Apr 2012)


Lol bazinga

posted on 16 May 2014, 18:24 4

19. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Yeah soon Apple ios9 will have these features and you won't be saying that then....

posted on 16 May 2014, 18:28 9

21. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


But wait Apple map users end up in wrong place

Apple maps still is halfbaked

posted on 17 May 2014, 03:09 1

42. StraightEdgeNexus (Posts: 3615; Member since: 14 Feb 2014)


https://imgflip.com/i/8uxi0

posted on 17 May 2014, 08:52 3

52. PAPINYC (banned) (Posts: 2315; Member since: 30 Jul 2011)


I guess everything is not 'turtle-necks' and roses over at the eViL iMpiRe after all?! ... lol

Wonder if all those former Apple-suing Apple employees still use iPhones. More importantly, were they forced to sell back their iStock to the iMpire (for aPenny)?

posted on 16 May 2014, 17:42 7

8. sipha (Posts: 325; Member since: 12 May 2012)


Her case sounds completely legitimate to me.

posted on 16 May 2014, 17:13 5

4. Ashoaib (Posts: 2423; Member since: 15 Nov 2013)


What free money? may be she is right that she lost valuable msgs

posted on 16 May 2014, 17:48

11. Ninetysix (Posts: 1678; Member since: 08 Oct 2012)


It's not our fault that you can't read. She still got the messages on her iP4.She didn't lose any.

"Since then, Moore says that iMessage is still sending messages from other iPhone users to her deactivated iPhone 4, but is not forwarding them to her new Galaxy S5."

posted on 16 May 2014, 19:12 4

26. Awalker (Posts: 554; Member since: 15 Aug 2013)


She didn't get any messages if the phone is deactivated.

posted on 16 May 2014, 20:45 2

31. Ninetysix (Posts: 1678; Member since: 08 Oct 2012)


Yes she did. LOL. You guys are not very smart are you? You remove a simcard from an iphone and it becomes an iPod. Did you know that you can use imessage on an iPod and iPad? Ever heard of Wifi? :)

https://www.apple.com/ios/messages/

posted on 16 May 2014, 23:32 4

37. elitewolverine (Posts: 2043; Member since: 28 Oct 2013)


No they haven't, and most likely they are using it as a wifi only device.

posted on 17 May 2014, 05:58 3

44. Awalker (Posts: 554; Member since: 15 Aug 2013)


It looks like you're making a bunch of assumptions here.

- Her iPhone would need some sort of connection in order to receive the messages and there's no guarantee she even has a wifi network.

- That she's still using the iPhone in any capacity instead of it sitting in a drawer collecting dust.

- That she still has the phone in her possession.

Anyhow, even if all of your assumptions were true, her messages should have automatically stopped going to her iPhone once she switched devices. She shouldn't have to jump through hoops to get messages she's contractually obligated to get from her carrier.

posted on 17 May 2014, 06:33 2

46. AfterShock (Posts: 2944; Member since: 02 Nov 2012)


Apple an brosephine, a joke an its jester.

posted on 17 May 2014, 14:27

53. ph00ny (Posts: 606; Member since: 26 May 2011)


I can't get any sms from my mother because of this. It is annoying as hell. Now she texts both my pops and i so that i get my text messages

posted on 16 May 2014, 17:49 2

12. NokiaFTW (Posts: 2058; Member since: 24 Oct 2012)


Where's Sauce? I want to see his reaction on this.

posted on 16 May 2014, 18:25 4

20. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


He will be here soon as well as Darkkjedii and Androiphone10

posted on 16 May 2014, 19:04 7

24. 0xFFFF (Posts: 3694; Member since: 16 Apr 2014)


I thought they were on their way to camp outside of the Apple store until the iPhone 6 is released.

posted on 16 May 2014, 19:12 1

25. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


Rotflmfao

That was epic 0xfff

+1

Yeah that Darkkjedii said he will be camping with his old age wife

Lmfao

What a big grown huge guy camping Wth

posted on 16 May 2014, 23:35

38. Ashoaib (Posts: 2423; Member since: 15 Nov 2013)


Ninetisix is taking care of Sauce's duty till he is away

posted on 17 May 2014, 05:12

43. Arte-8800 (banned) (Posts: 4562; Member since: 13 Mar 2014)


We can all see that

posted on 16 May 2014, 18:33 4

22. KingKurogiii (Posts: 5645; Member since: 23 Oct 2011)


well she's going in at a good angle.
she may just get somewhere with this.

posted on 16 May 2014, 19:25 2

27. PBXtech (Posts: 983; Member since: 21 Oct 2013)


It's not a black hole, it's a walled garden, and it's always been that way.

posted on 16 May 2014, 19:35

28. Awalker (Posts: 554; Member since: 15 Aug 2013)


Why would a user turn on imessage? What advantages does the user gain?

posted on 16 May 2014, 20:17

29. Leonis (Posts: 334; Member since: 08 Jan 2014)


free messages between iphones.

posted on 16 May 2014, 20:51 1

32. Ninetysix (Posts: 1678; Member since: 08 Oct 2012)


Animated gifs is what I miss about imessage. Wish Android's native messaging app handles animated gifs but it can't.I know they recently added that feature to hangouts but not everyone uses it.

https://www.youtube.com/watch?v=ep2VCcGn41Y

posted on 17 May 2014, 06:35

47. AfterShock (Posts: 2944; Member since: 02 Nov 2012)


Too bad you can't afford your chosen platform.
Sucks when you have to use, what works.

posted on 16 May 2014, 23:36 1

39. elitewolverine (Posts: 2043; Member since: 28 Oct 2013)


no cell service? got wifi? bam imessage. Faster sometimes, sms backup (something stock android did not support for a veryyyyyy long time) and various other things. Like cross device messages. On an ipad? no worries.

posted on 16 May 2014, 20:21 1

30. fzacek (Posts: 2181; Member since: 26 Jan 2014)


Okay, I understand that there's a problem, but there is no need to file a frivolous law suit for it...

posted on 16 May 2014, 21:17 5

33. refillable (Posts: 668; Member since: 10 Mar 2014)


Considering Apple has been lawsuiting all over the place, This is needed :).

posted on 16 May 2014, 22:53 2

35. fzacek (Posts: 2181; Member since: 26 Jan 2014)


I guess Apple deserves it :)

posted on 17 May 2014, 01:31

41. refillable (Posts: 668; Member since: 10 Mar 2014)


Nice Profile Picture!

posted on 16 May 2014, 21:45 2

34. RandomAshole (Posts: 30; Member since: 15 Apr 2014)


It's about time someone gave Apple the taste of their own medicine.. Hope she gets some decent compensation (or, is she gonna get "You're doing it wrong" BS)

posted on 17 May 2014, 06:39

48. AfterShock (Posts: 2944; Member since: 02 Nov 2012)


Honestly this is sad in today's age that this can happen to users on iphone or coming from one.
Typical apple sheet though, if you're not donating money to them, their sheet stops working immediately.

Surprising that Apple doesn't demand the phone back so they can resell it at over inflated worth prices.

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