Apple Hit with Class Action Lawsuit over Unreceived Text Messages

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A class action lawsuit filed on Thursday against Apple Inc. alleges the company failed to forward text messages sent via its iMessage platform to cell phone users who switched to non-Apple devices.

Plaintiff Adrienne Moore alleges that when she switched from an iPhone 4 to a Samsung Galaxy S5, she was no longer able to receive iMessages sent from her friends’ iPhones. She filed the class action lawsuit on behalf of herself and all similarly situated individuals in the United States who obtained wireless cellular service on an Apple iPhone or iPad that was equipped with the iMessage service, and who subsequently replaced the Apple device with a non-Apple device.

According to the Apple class action lawsuit, Moore’s iPhone 4 used Apple’s OS software operating system that included iMessage, a messaging service developed by Apple. iMessage allows users to send and receive texts, documents, photos, videos, contact information and group messages over wi-fi, 2G, 3G or LTE networks to users with Apple iOs or OS X as an alternative to standard SMS/MMS text messaging.

Moore alleges Apple prompted her to update her iPhone 4’s software operating system. One of these updates allegedly caused her iPhone 4 to begin using the iMessage service as the default service to route text messages to and from users that also had the iMessage service. According to the class action lawsuit, Apple’s iMessage service remained the default messaging service even after Moore switched to a non-Apple cell phone, causing her to be unable to receive messages sent from her friends with the iMessage service.

“Put simply, Apple’s iMessage service and Messages applications penalizes those Apple device owners who deign to switch away from Apple to other non-Apple wireless cellular devices,” Moore’s class action lawsuit says. “These former Apple device owners are penalized and injured by having Apple’s iMessage service and Messages application fail to deliver text messages sent from Apple devices to the new non-Apple devices of these former Apple device users.”

Moore alleges that she failed to receive “countless” text messages sent to her from Apple devices after she switched to the Samsung Galaxy S5 phone. Further, she claims the senders of the text messages were not notified that the messages were not received. According to the class action lawsuit, Moore contacted Verizon, her wireless network provider, to find out why she was not receiving texts messages from friends who used an iPhone or iPad. Although she “turned off” iMessage in her old iPhone as instructed, she continued to miss texts from Apple device users.

After further troubleshooting failed to resolve the issue, Verizon patched Moore through to Apple for assistance. According to the class action lawsuit, Apple informed Moore that she may not be getting all of her text messages because the senders had not upgraded to the latest Apple iOS version. Moore claims that Apple provided her with some workaround solutions, but they did not solve the problem.

“Apple knew but never disclosed that its iMessage service and Message application would prevent Apple device owners from receiving text messages sent to them from other Apple users once these Apple device owners replaced their devices with non-Apple wireless devices,” the class action lawsuit alleges. “To the contrary, Apple touted the superior attributes and enhanced benefits of the iMessages and Message service and application while omitting any mention of this serious consequence.”

Moore says that she would not have downloaded the iMessage service and Messages application, or she would not have purchased an Apple device in the first place, if she had known she would be prevented from receiving text messages on a non-Apple device. She claims that this iMessage issue threatens competition because it discourages Apple users from switching to a competitor’s device for fear of losing their text messages. The Apple class action lawsuit alleges violations of California’s Unfair Competition Law and Consumers Legal Remedies Act.

Moore is represented by Roy A. Katriel of the Katriel Law Firm.

The Apple Unreceived Text Message Class Action Lawsuit is Adrienne Moore v. Apple Inc., Case No. 5:14-cv-02269, in the U.S. District Court for the Northern District of California.

 UPDATE: According to court documents filed on Oct. 27, 2014, the parties have agreed to participate in private mediation in order to resolve the Apple iMessage class action lawsuit.

UPDATE 2: On Aug. 4, 2015, a federal judge refused to certify the Apple iMessage class action lawsuit after finding that the proposed Class was too broad.