T-Mobile, Apple Class Action Alleges iMessage Mix-ups

UPDATE: On Oct. 23, 2020, consumers in an iMessage class action lawsuit recently urged the court to deny arbitration bids filed by Apple and T-Mobile.

Two Apple and T-Mobile customers are taking the companies to task over an alleged software problem that caused one user to receive messages meant for the other.

In the T-Mobile phone number class action lawsuit, Tigran Ohanian says he received messages meant for Regge Lopez, a mix-up which inconvenienced both men and strained their respective relationships.

The plaintiffs claim that the problem was caused by a software glitch that makes Apple IDs stay connected to a phone number even after a SIM card is disconnected. They explain that when working correctly, a SIM card links an Apple ID to an iPhone, and when the SIM card is disconnected, the number should cease to be connected to a users’s Apple ID.

The iPhone users note that T-Mobile and other wireless carriers recycle old phone numbers to new users, which normally would not lead the old user to receive the new user’s messages. However, because of Apple’s alleged software problems, the first user’s phone still has a connection to the phone number.

This means that messages sent to the new user can end up being sent to the old user, argue the customers.

Ohanian explains that he began to receive messages intended for Lopez after he purchased a T-Mobile SIM card for a New York vacation.

Allegedly, he was sent the messages after he disconnected the phone from the SIM card and the number was reassigned to Lopez. He recounts that he was sent photos of Lopez’s child, sent by the child’s mother. He says that his relationship with his wife was affected, because his wife did not understand why he was being sent photos of a child from a strange woman. 

For his part, Lopez says that he was also affected. He notes that he does not have a relationship with his child’s mother any more, so losing access to those photos means he “can never get those pictures or memories back.” 

In addition to emotional distress, the two iPhone users argue that they suffered financial injury because of Apple and T-Mobile software problems.

In their eyes, the financial value of their iPhones and the value of their T-Mobile wireless service was decreased because of the problem.

They say that they did not receive the benefit of the bargain from their purchase of either the iPhone or the wireless service.

The plaintiffs also argue that they would not have purchased either or would not have paid as much for the phone or the mobile service if they had known that they would experience the problem. 

Ohanian and Lopez argue that the problem is a marked contrast from Apple’s supposed commitment to maintaining the data security of its users. They say that the company touts this security in advertisements and product descriptions. However, this problem allegedly shows that the company does not have as strong a commitment to data security as they claim.

Similarly, T-Mobile customers understood that when they purchased a T-Mobile SIM card, their information would be protected. However, this was not the case for many users, say Ohanian and Lopez.

According to the plaintiffs, they were not the only two customers affected by the problem. The iPhone class action lawsuit aims to represent not only Ohanian and Lopez, but a proposed Class of T-Mobile customers in a similar situation. They estimate that around 1 million consumers are affected by this problem, receiving messages intended for a different person, or having their information shared with an unintended party.

The Apple iPhone T-Mobile messages class action lawsuit asserts that the companies violated New York’s General Business laws, and violated common laws of fraudulent representation and unjust enrichment.

The iPhone T-Mobile class action lawsuit seeks punitive damages and statutory damages from the companies in light of the issue. It also seeks for Apple and T-Mobile to be required to disgorge what Ohanian and Lopez say are ill-gotten profits from the affected phones. They also seek attorneys’ fees and costs. 

Have you ever received messages meant for another recipient? If so, what did you do? Share your experiences in the comments below.

Ohanian and Lopez are represented by Aaron J. Solomon and Darren Oved of Oved & Oved LLP.

The Apple T-Mobile Phone Number Reassignment Class Action Lawsuit is Tigran Ohanian, et al. v. Apple Inc., et al., Case No. 1:20-cv-05162, in the U.S. District Court for the Southern District of New York.

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