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  • Apple about to Face Lawsuit Over Missing Text Message Problem


    Just days after Apple released a self-serve web tool to allow previous iPhone users to deregister their cell phone number from its iMessage service, Judge Lucy Koh ruled that a class-action lawsuit against Apple for “hijacking” users’ ability to receive text messages can proceed. In this particular case, Apple is set to face a complaint lodged by plaintiff Adrienne Moore who decided to sue Apple after switching from an iPhone 4 to a Samsung Galaxy S5, at which point she realized she wasn’t getting any text messages from iPhone users.

    For those of you who didn’t know, Apple’s iMessage system works by associating a user’s account with their cell phone number. Previously if a user didn’t deactivate their iMessage service before getting rid of their iPhone, they couldn’t receive text messages sent from iPhone users to their non-iPhone device.

    This problem existed since 2011 when iMessage first debuted but Apple ended up just recently launching their web tool to help delist cell phone numbers from their iMessage service. As long as a cell phone number is connected to an iMessage account, texts or media messages sent from an iPhone appear to be intercepted by Apple and sent as iMessages, which can’t be received on an Android phone, Windows Phone or other platform.

    As of right now, Moore seeks class-action status for her complaint along with unspecified damages which were said to result from the loss of “countless” text messages. According to Judge Lucy Koh, the case was given the green light to proceed, giving Moore the opportunity to argue that Apple violated unfair competition laws. For its part, Apple believes it didn’t violate any laws. In a recent filing, lawyers for the Cupertino California company said that it wasn’t illegal for technology to “not function as plaintiff subjectively believes it should.”

    If you’re a user who plans on swapping platforms in the future, you won’t have to worry as the iPhone platform won’t be facing the same problems seen by Moore and countless others in the past. This is all thanks to Apple’s new “Deregister iMessage” website. If you end up in a similar situation, you can go to the Deregister iMessage website and 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. Once you do this, messages sent from iOS devices will default to standard SMS or MMS messages instead of iMessage.

    We’ll have to wait and see what comes of the whole case as Apple finds itself in yet another legal battle.

    Source: Reuters
    This article was originally published in forum thread: Apple about to Face Lawsuit Over Missing Text Message Problem started by Akshay Masand View original post
    Comments 15 Comments
    1. talkin73's Avatar
      talkin73 -
      Love my iPhone. Big fan of apple. 3 years to fix this issue is too long. Can't fathom how users could possibly know they have to de register iMessage before selling an iPhone. Should have been a way to do this in 2011 when the system was implemented. While the argument that damages occurred from loss of text messages will be interesting to see argued the nuisance is hard to contest.
    1. SpiderManAPV's Avatar
      SpiderManAPV -
      Yeah, all for apple here, but this was just dumb.
    1. jigar7's Avatar
      jigar7 -
      As much as I love iDevices... I hate them for being such control freaks! Hence all the donation and love for the JB dev team(s)
      This lawsuit makes a lot of sense. You can't simply hijack a consumers cellphone number once they switch to a non-Apple device... absolutely unacceptable! It is acceptable if you can't migrate your apps or your iTunes music to another non-Apple device... but the iMessage seems to hijack the SMS feature of the carrier that could not be undone... up until now.
      Glad that a de-regestration service is now active.
    1. Ambi_Valence's Avatar
      Ambi_Valence -
      Sorry, but it’s time for a pro Apple post here.
      They were texting the wrong way and should never be leaving the iOS ecosystem anyhow. It’s their own fault. There were a perfectly reasonable number of hoops put there to jump through for any (L)user that wanted an Android phone.
    1. novadam's Avatar
      novadam -
      Quote Originally Posted by Ambi_Valence View Post
      They were texting the wrong way and should never be leaving the iOS ecosystem anyhow.
      I don't understand what you're saying. Once you own an iPhone, you should never be able to leave iOS?
    1. WHUDS's Avatar
      WHUDS -
      Quote Originally Posted by Ambi_Valence View Post
      Sorry, but it’s time for a pro Apple post here.
      They were texting the wrong way and should never be leaving the iOS ecosystem anyhow. It’s their own fault. There were a perfectly reasonable number of hoops put there to jump through for any (L)user that wanted an Android phone.
      It would be nice if you did not call yourself a pro:

      Apple has imessage on by default (Apples fault)

      imessage is cool but a bad system people's phone numbers are theirs by federal law not Apples to keep in their "Ecco System".

      There are some great Android tablets and phones its just plain blind Fanism that only Apple is the phone and tablet to own ( what about healthy competition? )
    1. ChicagoV's Avatar
      ChicagoV -
      Can someone explain this to me? I'm actually asking - no sarcasm intended. How is Apple at fault? What exactly is the complaint?

      As I'm understanding this, she's upset that her iMessages didn't transfer over to her new Samsung, is that right?

      If that's case, how is that different from going from a BB to, say, an iPhone (prior to BBM going cross-platform)? Again, I may just not be understanding this story.

      (Note: Since 2007 my main personal cell has been an iPhone, so I haven't had to deal with any switching complications, if this is indeed that.)
    1. WHUDS's Avatar
      WHUDS -
      Quote Originally Posted by ChicagoV View Post
      Can someone explain this to me? I'm actually asking - no sarcasm intended. How is Apple at fault? What exactly is the complaint?

      As I'm understanding this, she's upset that her iMessages didn't transfer over to her new Samsung, is that right?

      If that's case, how is that different from going from a BB to, say, an iPhone (prior to BBM going cross-platform)? Again, I may just not be understanding this story.
      Yes its because Apple's system would not allow your Phone number to send texts many times to other phones once you went to Android for months maybe 6 or so until the system finally caught up, technically it breaks federal law by phone number portability
    1. ChicagoV's Avatar
      ChicagoV -
      Quote Originally Posted by WHUDS View Post
      Yes its because Apple's system would not allow your Phone number to send texts many times to other phones once you went to Android for months maybe 6 or so until the system finally caught up, technically it breaks federal law by phone number portability
      Ohhhhh... so your actual phone number (that they do force you to use in iMessage) becomes unusable elsewhere for messaging? And they just now came out with this tool to try and fix that?

      Well then.

      Yeah, that's a problem. Took far too long to fix.

      I don't know about "damages", and am really tired of people's quick jump to sue for everything, however... in this case, realistically, I'm not sure how else you can get a huge company's attention when there's a problem.
    1. lillewis51's Avatar
      lillewis51 -
      Quote Originally Posted by Ambi_Valence View Post
      Sorry, but it’s time for a pro Apple post here.
      They were texting the wrong way and should never be leaving the iOS ecosystem anyhow. It’s their own fault. There were a perfectly reasonable number of hoops put there to jump through for any (L)user that wanted an Android phone.
      spoken like Steve himself lol. sad no one else here picked up on that joke.
      "You're holding it wrong" - best response ever

      Quote Originally Posted by WHUDS View Post
      It would be nice if you did not call yourself a pro:

      Apple has imessage on by default (Apples fault)

      imessage is cool but a bad system people's phone numbers are theirs by federal law not Apples to keep in their "Ecco System".

      There are some great Android tablets and phones its just plain blind Fanism that only Apple is the phone and tablet to own ( what about healthy competition? )
      by "PRO apple" they mean they support apple... not that they're an apple pro
    1. TDH Advocate's Avatar
      TDH Advocate -
      Maybe she shouldn't have went to droid in the first place. Droid is garbage anyway.
    1. SpiderManAPV's Avatar
      SpiderManAPV -
      Quote Originally Posted by TDH Advocate View Post
      Maybe she shouldn't have went to droid in the first place. Droid is garbage anyway.
      That isn't the point. As a consumer you have the right to use whatever company you want without them interfering.
    1. Dranon's Avatar
      Dranon -
      Not really defending Apple here, BUT If you use their ecosystem (i.e. imessage) shouldn't you know to "turn it off" when you no longer want to use it? AND if you did not , wouldn't a simple call to Apple turn it off (maybe I don't know if that worked or not) What I dont like is how all off a sudden my text messages started showing up on my ipad and computer while my kids/family were using them!! Holy cow the wife and kids could of seen texts to the gf!!!
    1. NewD's Avatar
      NewD -
      Quote Originally Posted by Dranon View Post
      Not really defending Apple here, BUT If you use their ecosystem (i.e. imessage) shouldn't you know to "turn it off" when you no longer want to use it? AND if you did not , wouldn't a simple call to Apple turn it off (maybe I don't know if that worked or not) What I dont like is how all off a sudden my text messages started showing up on my ipad and computer while my kids/family were using them!! Holy cow the wife and kids could of seen texts to the gf!!!
      It's the NOT KNOWING that Apple even 'locks your phone number in' -- that's the point here. C'mon.. Be honest.. You had NO IDEA that Apple did that until you read this thread... noone knew that.. That's what makes it newsworthy.. and frustrating as a policy of Apple's.
    1. sheltons.iphone's Avatar
      sheltons.iphone -
      If you did like apple said and turned iMessage off before you switched phones, then there would be no problem. The problem came in when, after she switched phones, there was no way to turn off iMessage in the android system. She screwed up and apple didn't have an easy way to fix her screwup.