Mobile

Android user sues Apple for not delivering texts after she ditched her iPhone

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A former iPhone user is suing Apple for not delivering her text messages after switching to a competitor’s smartphone.

The lawsuit follows similar complaints by ex-iPhone users, in which they claim they aren’t receiving text messages after leaving iOS for Android.

While this appears to be a technical flaw and not a sign of anti-competitive tactics led by Apple, lawsuit documents obtained by VentureBeat allege that Apple “tortiously interfered” with subscriber’s cellular services, and failed to disclose any flaws in a timely manner.

According to scattered reports, the technical flaw causes messages sent to ex-iPhone owners to register as ‘Delivered’, while never showing up on the owner’s new device. Former Lifehacker editor Adam Pash stated yesterday that Apple is “clueless” about how to resolve the issue.

Here’s the key legal complaint from plaintiff Adrienne Moore [bold: VentureBeat]:

Unbeknownst to Plaintiff and the putative class members, however, once they switched from an Apple iPhone or iPad to a non-Apple device for their wireless service needs, Apple’s iMessages and Message service and application still retained text messages that were directed at these persons from other Apple users, and failed to deliver these text messages to the putative class members as long as these putative class members continued using a non-Apple device. In this manner, Apple tortiously interfered with the contract for cellular service between these putative class members and their cellular telephone carrier in that Apple’s actions prevented the subscribers from receiving all of their text messages, as they were entitled to obtain through their cellular wireless service contracts. Further, Apple failed to properly disclose to Plaintiff and the putative class members, at the time that they owned their Apple iPhone or iPad devices (or anytime thereafter) that, should they switch away from an Apple device to a non-Apple device, Apple’s iMessage and Messages service and application would act to prevent these persons from receiving all their text messages on the non-Apple device that these class members used to replace their Apple iPhone or iPad devices. Through this material omission, Apple violated the California Legal Remedies Act.

Here’s the complaint, in full:

As we noted yesterday, “if you can’t reach a friend via iMessage, you can always disable the service while you wait for Apple’s official fix.”

Until then, Android owners: hang tight and grab the popcorn.

And iPhone owners: If you’ve ever wanted to switch to Android, now’s not the best time.

Via: Bloomberg and Business Insider

More about the companies and people from this article:

Apple designs and markets consumer electronics, computer software, and personal computers. The company's best-known hardware products include the Macintosh line of computers, the iPod, the iPhone and the iPad. Apple software includes t... read more »

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81 comments
Bernardo d\'Orey
Bernardo d\'Orey

Anyone thought about suing apple because they don't allow apps to access the phone ID (IMEI)? I mean is a manufacture allowed to refuse apps that read an ID on my phone? Shouldn't it be up to the user to authorize it? just saying,,,

Bor Gergely
Bor Gergely

Oh, Apple fanbois and their conclusions.

Carlos Garcia
Carlos Garcia

All this time Apple said they were clueless as to how to fix this... Until they got sued. Magically, they have a fix for it now!

Joshuel Patterson
Joshuel Patterson

I hope Android users sue android for usability issues. P.S. I use both.

Brandon Shin
Brandon Shin

can we please turn this into a class action lawsuit?

Alexander Mochkin
Alexander Mochkin

I also hate the fact that once a new SIM card is inserted in the iPhone, it sends an SMS to some number in UK, which may be quite expensive. And iPhone gives no warning of what is going on.

Patrick Hopkins
Patrick Hopkins

So, is this a flaw of the Apple ID mechanism that is related to iMessage? If I remember correctly, you had the option to either send via your Apple ID OR your mobile number to other iMessage users. If a user were to simply disable the device accessing the Apple ID, would that route things properly?

keith maxx
keith maxx

"And iPhone owners: If you’ve ever wanted to switch to Android, now’s not the best time."


Oh contrare, I believe there has never been a better time to jump to Android, if they haven't already. This is just one of those reasons.

Myles Formby
Myles Formby

Maybe just switch their SIM card back to the old iPhone and turn iMessage off?

Jack Lance
Jack Lance

This should be turned into a class action lawsuit listing every apple device user current and prior.

Sohrab Kakalia
Sohrab Kakalia

Apple created this mess tinkering with and hijacking a utility service like SMS. Does.not acknowledge it either!

John Ellis
John Ellis

I'm glad. I had the same issue. I love iMessage (and actually wish I could just have it as an app on Android) but that's no excuse to hold people hostage.

Ryan Boutin
Ryan Boutin

So many people with this exact same problem!

czardragoon
czardragoon

@ferricide Yeah. I just switched a few weeks back, and when I asked the lady at ATT about it she said I'd just have to tell everyone I know

Alex Rozsh
Alex Rozsh

Zachary Leibowitz Nate Greenberg

Bryanvh Zeeland
Bryanvh Zeeland

Easy just start switch off I Message at iPhone than she can deliver sms Message to android users

Deyett Smith
Deyett Smith

Didn't this happen to you Destinee ? ! Lol

Jason B
Jason B

I suffered through this headache as well. Apple jumps in mid message to port sms through iMessage. It is very intrusive and took a lot of searching and patience to sort out. It all feels very passive aggressive to me. I am glad this issue is coming to light.

Kate Gallagher
Kate Gallagher

I wonder if that ever happens the other way? I've never had issues sending them to either user, but hey if you can get money from Apple go for it they're profit margin is big enough.

Michael Hall
Michael Hall

Matthew agree but it has to be done in advance. If you turn off iMessages on a current iPhone you will get messages. It's a prepurge

typhoonk123456
typhoonk123456

@benr75 have to turn off iMessage on all of your apple devices before switching-what a pain.

Dominique Gillard
Dominique Gillard

The Fix is you have to call 1-800-my-apple and request they remove your number from the imessage server. Crazy solution i know but I just had to do this for my wife last week.

Josh Gillis
Josh Gillis

Obviously this user has some problems if she is switching from Apple to Android. *cringe*

KamilBrzezinski
KamilBrzezinski

@iKrzysiekR jak druga osoba ma iPhone to domyślnie wysyła do iMessage. Apple nie wie czy użytkownik ma wyłączony telefon czy kartę przełożył