iPhone switchers could sue Apple for disappearing iMessages

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Federal judge shoots down down group iMessage lawsuit.
Photo: Apple
Photo: Apple

Apple could find itself facing a class action lawsuit over the loss of “countless” text messages, courtesy of its iMessage service.

California resident Adrienne Moore filed a case against Apple back in May this year, saying that she missed out on receiving text messages after giving up her iPhone 4 and moving to a Samsung Galaxy S5.

Moore’s victory in court means that she now has the ability to pursue a class action lawsuit against Apple. She is also seeking unspecified damages.

“I recently switched from an iPhone to Android, and discovered shortly thereafter that my phone number was still associated with iMessage, meaning that any time someone with an iPhone tried texting me, I’d receive nothing, and they’d get a “Delivered” receipt in their Messages app as though everything were working as expected,” she said in her original complaint.

Apple, for its part, is arguing that it never claimed that iOS 5 iMessage service was designed to recognize when iPhone users jumped ship to other companies’ 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,” attorneys for the company argued.

With that being said, Apple recently launched an online tool that lets former iPhone users deregister iMessage, even in situations when they’ve already given up their iOS devices.

Source: Reuters

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