Former iPhone user sues Apple for not delivering texts after switching

Posted May 18, 2014

Adrienne Moore is a former iPhone user that is suing Apple for not delivering her text messages after switching to a competitor’s smartphone. The text message issue seems to be a technical flaw rather than an anti-competitive measure. However, the lawsuit alleges that Apple  ?tortiously interfered? with a subscriber’s cellular services and that Apple failed to disclose any flaws in a timely manner.

The technical flaw says that messages sent to ex-iPhone owners to report as “Delivered,” but it would never show up on the owner’s new device. Apparently Apple is “clueless” about how to resolve the issue.

Here is an excerpt from the complaint:

“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.”