Lawsuit against Apple over iMessage Ruled it can't be a Class Action
In May 2014 Patently Apple was first to report that a new Class Action lawsuit was filed against Apple over iMessage not working with Android phones. Then in November 2014 Judge Lucy Koh Ordered Apple to face a lawsuit over this same case. Koh said Moore deserved a chance to show Apple disrupted her wireless service contract. Yesterday Judge Koh ruled that this case couldn't proceed as a Class Action.
According to a new Bloomberg report, "Apple Inc. won a ruling beating back a group lawsuit sought by a former iPhone user who claimed the company's messaging system interfered with delivery of texts after she switched to an Android-based smartphone.
Plaintiff Adrienne Moore said in her complaint filed in San Jose, California that Apple's iMessage retains text messages sent from other users of Apple devices and wouldn't deliver them to her Samsung phone running on Google Inc.'s Android operating system.
U.S. District Judge Lucy H. Koh on Tuesday ruled the case can't proceed as a group lawsuit because it's not clear enough that all proposed members of the suit suffered an inconvenience due to any "contractual breach or interference" stemming from the iMessage system.
Even if Moore is correct in arguing iMessage has "systematic flaws that could result in the disruption of text messaging services, that determination does not assist the court in determining whether iMessage actually caused the proposed class members to suffer any interference," Koh wrote in her ruling. For more on this story, see the full Bloomberg report here.
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