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

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

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53 Comments

1. Ninetysix

Posts: 2931; Member since: Oct 08, 2012

Good luck brosphine.

3. Ashoaib

Posts: 3243; Member since: Nov 15, 2013

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

6. Topcat488

Posts: 1409; Member since: Sep 29, 2012

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

14. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

Good luck to her! :)

23. vincelongman

Posts: 5585; Member since: Feb 10, 2013

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

36. elitewolverine

Posts: 5192; Member since: Oct 28, 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.

40. vincelongman

Posts: 5585; Member since: Feb 10, 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

45. NexusPhan

Posts: 632; Member since: Jul 11, 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.

50. Awalker

Posts: 1957; Member since: Aug 15, 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.

51. Ninetysix

Posts: 2931; Member since: Oct 08, 2012

5. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

You must be hurt cause Apple is getting sued Your beloved company will be litigated by a Apple user

10. PhoneArenaUser

Posts: 5498; Member since: Aug 05, 2011

"Your beloved company will be litigated by a Apple user" Correction: By EX iPhone user! :D

16. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

Hahaha +1

49. PAPINYC

Posts: 2315; Member since: Jul 30, 2011

Hell hath no fury like a woman iScorned.

2. regkilla

Posts: 87; Member since: Sep 13, 2012

Some people just want free money.

7. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

Some people just love sueing this "Patent troll company"

9. Ninetysix

Posts: 2931; Member since: Oct 08, 2012

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

13. Finalflash

Posts: 4062; Member since: Jul 23, 2013

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

15. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

Hey Ninetysix where are the Fandroids

17. Ninetysix

Posts: 2931; Member since: Oct 08, 2012

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

18. Mxyzptlk unregistered

Lol bazinga

19. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

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

21. Arte-8800

Posts: 4562; Member since: Mar 13, 2014

But wait Apple map users end up in wrong place Apple maps still is halfbaked

42. StraightEdgeNexus

Posts: 3689; Member since: Feb 14, 2014

52. PAPINYC

Posts: 2315; Member since: Jul 30, 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)?

8. sipha

Posts: 439; Member since: May 12, 2012

Her case sounds completely legitimate to me.

4. Ashoaib

Posts: 3243; Member since: Nov 15, 2013

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

11. Ninetysix

Posts: 2931; Member since: Oct 08, 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."

26. Awalker

Posts: 1957; Member since: Aug 15, 2013

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

31. Ninetysix

Posts: 2931; Member since: Oct 08, 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/

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