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Apple Still Summoned To Court Over Vanishing SMS Suit

by Brandon Russell | November 15, 2014November 15, 2014 10:00 am PDT

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Apple is still being summoned to court over a complaint alleging the Cupertino company blocked messages from going through after an iPhone user switched to Android. The suit was first filed in May and Apple’s new tool that fixes the problem was probably one way the firm hoped to avoid further litigation.

The plaintiff, Adrienne Moore, says her messages were essentially lost to the ether after she switched from an iPhone 4 to the Galaxy S5; Moore, who is seeking class-action status, says Apple failed to alert customers that iOS 5 obstructs messages from other Apple devices. Apple recently released a tool designed to avoid situations like this.

“Plaintiff does not have to allege an absolute right to receive every text message in order to allege that Apple’s intentional acts have cause an actual breach or disruption of the contractual relationship,” said U.S. District Judge Lucy Koh, who has overseen a number of Apple cases.

Apple’s new tool is capable of detaching user phone numbers from iMessage for users switching from iOS to Android. Before, users making the switch would run into all kinds of issues, including the exact problem Moore experienced. With your number still attached to iMessage, a system not available on Android, messages sent from iPhone-wielding friends would simply sit on Apple’s servers, waiting.

In response to Moore’s lawsuit, Apple said it never claimed iMessage would recognize when iPhone users switch to rival devices.

“Apple takes customer satisfaction extremely seriously, but the law does not provide a remedy when, as here, technology simply does not function as plaintiff subjectively believes it should,” Apple said in court documents.

Reuters says Moore alleges Apple disrupted her wireless service contract, and also violated a California unfair competition law by blocking messages.

Reuters

Brandon Russell

Brandon Russell enjoys writing about technology and entertainment. When he's not watching Back to the Future, you can find him on a hike or watching...

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