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Judge Lucy Koh Orders Apple to face lawsuit over iMessage Problems

50. Patently Legal
In May we posted a report titled "New Class Action Lawsuit Filed against Apple Concerns Android Phones & iMessage." The plaintiff in that case, Adrienne Moore, filed the class action lawsuit against Apple because when she switched from her iPhone 4 to a Galaxy S5, she was no longer able to receive iMessages from her friends with iPhones. Today, Apple was ordered by U.S. District Judge Lucy Koh in San Jose, to face a U.S. federal lawsuit filed by Adrienne Moore claiming it failed to tell consumers that its messaging system would block them from receiving text messages if they switched to Android-based smartphones from iPhones.


Moore, who seeks class-action status and unspecified damages, claimed that Apple failed to disclose how its iOS 5 software operating system would obstruct the delivery of "countless" messages from other Apple device users if iPhone users switched to non-Apple devices. The case was detailed in our May report that you could review here.


In a Monday night decision, Koh said Moore deserved a chance to show Apple disrupted her wireless service contract and violated a California unfair competition law, by blocking messages meant for her. See the rest of the Reuters report here.


In context, it's interesting to note that over the weekend Apple "quietly released" a web tool to deregister phone numbers from iMessage. Perhaps that was too little too late.


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