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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:
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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.
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