Judge rules Apple iMessage lawsuit can't be tried as class-action case

User alleges iMessage doesn't deliver all text messages after people switch from iPhones to rival devices

A lawsuit claiming Apple's iMessage software won't send all text messages to people who switch to rival smartphones won't receive class-action status.

A lawsuit claiming Apple's iMessage software won't send all text messages to people who switch to rival smartphones won't receive class-action status.

A lawsuit alleging that Apple mishandles the text messages of people who switch from an iPhone to an Android smartphone can't proceed as a class-action case.

U.S. District Judge Lucy Koh ruled there isn't enough evidence to determine whether everyone who could be part of a group suit would have been impacted by a possible "contractual breach or interference" related to Apple's iMessage application.

Even If plaintiff Adrienne Moore's allegations are correct, and iMessage contains flaws that interfere with text messages, there is not enough information for the court to determine whether the issues affect all users who would join in on the case, Koh said.

Last May, Moore sued Apple in U.S. District Court for the Northern District of California, claiming the company disrupted the delivery of her text messages after she swapped her iPhone 4 for a Samsung Galaxy S5. Apple's iMessage application, Moore claims, held on to text messages sent to her from people with Apple devices and didn't pass them along to her new Android phone. This resulted in the loss of "countless" messages, the suit said.

Moore alleges Apple intentionally failed to tell people that iMessage won't deliver all their text messages if they start using a rival smartphone. The suit claims Apple's behavior penalizes people who swap out the company's products for competing devices and prevents users from "obtain[ing] the full benefits of their wireless-service contracts."

Koh noted that some people don't receive text messages because of problems related to their wireless carrier's network while others have contracts that exclude text messaging services. Determining whether a person didn't receive a text message due to an iMessage flaw would require individual inquiries that looked at a person's wireless contract, among other factors, she said.

A class-action lawsuit would open the case to anyone who had been impacted by the claim, potentially causing Apple to pay a hefty settlement or face expensive legal fees to defend the case. Apple didn't immediately reply to a request for comment.

Last November, Apple came out with a tool aimed at help ease the process of switching from iOS to another mobile OS. However, the problem of vanishing texts continues to plague many former iPhone customers who switched to Android, according to the lawsuit.

Fred O'Connor writes about IT careers and health IT for The IDG News Service. Follow Fred on Twitter at @fredjoconnor. Fred's e-mail address is fred_o'connor@idg.com

Join the Good Gear Guide newsletter!

Error: Please check your email address.

Tags Applelegalmobile

Our Back to Business guide highlights the best products for you to boost your productivity at home, on the road, at the office, or in the classroom.

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Fred O'Connor

IDG News Service
Show Comments

Essentials

Lexar® JumpDrive® S57 USB 3.0 flash drive

Learn more >

Microsoft L5V-00027 Sculpt Ergonomic Keyboard Desktop

Learn more >

Mobile

Lexar® JumpDrive® S45 USB 3.0 flash drive 

Learn more >

Exec

Lexar® JumpDrive® C20c USB Type-C flash drive 

Learn more >

Audio-Technica ATH-ANC70 Noise Cancelling Headphones

Learn more >

HD Pan/Tilt Wi-Fi Camera with Night Vision NC450

Learn more >

Lexar® Professional 1800x microSDHC™/microSDXC™ UHS-II cards 

Learn more >

Budget

Back To Business Guide

Click for more ›

Most Popular Reviews

Latest News Articles

Resources

PCW Evaluation Team

Azadeh Williams

HP OfficeJet Pro 8730

A smarter way to print for busy small business owners, combining speedy printing with scanning and copying, making it easier to produce high quality documents and images at a touch of a button.

Andrew Grant

HP OfficeJet Pro 8730

I've had a multifunction printer in the office going on 10 years now. It was a neat bit of kit back in the day -- print, copy, scan, fax -- when printing over WiFi felt a bit like magic. It’s seen better days though and an upgrade’s well overdue. This HP OfficeJet Pro 8730 looks like it ticks all the same boxes: print, copy, scan, and fax. (Really? Does anyone fax anything any more? I guess it's good to know the facility’s there, just in case.) Printing over WiFi is more-or- less standard these days.

Ed Dawson

HP OfficeJet Pro 8730

As a freelance writer who is always on the go, I like my technology to be both efficient and effective so I can do my job well. The HP OfficeJet Pro 8730 Inkjet Printer ticks all the boxes in terms of form factor, performance and user interface.

Michael Hargreaves

Windows 10 for Business / Dell XPS 13

I’d happily recommend this touchscreen laptop and Windows 10 as a great way to get serious work done at a desk or on the road.

Aysha Strobbe

Windows 10 / HP Spectre x360

Ultimately, I think the Windows 10 environment is excellent for me as it caters for so many different uses. The inclusion of the Xbox app is also great for when you need some downtime too!

Mark Escubio

Windows 10 / Lenovo Yoga 910

For me, the Xbox Play Anywhere is a great new feature as it allows you to play your current Xbox games with higher resolutions and better graphics without forking out extra cash for another copy. Although available titles are still scarce, but I’m sure it will grow in time.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?