Apple defeats US iMessage lawsuit over lost texts

US judge dismisses iMessage interference court case

Apple has defeated a US lawsuit brought by a former iPhone user who claimed that iMessage interfered with the delivery of her texts after she switched from an iPhone to an Android smartphone.

Adrienne Moore, a plaintiff in a class action lawsuit, filed her complaint in a San Jose court in November 2014, saying that she lost several messages after swapping smartphones but remaining on the same Verizon tariff.

Bloomberg has now reported that US district judge Lucy Koh ruled that the case cannot advance with class action status because it is unclear whether all of the proposed members of the suit suffered an inconvenience owing to any “contractual breach or interference” related to iMessage.

Judge Koh said originally that that Moore should be able to pursue the complaint, as Apple appeared to have failed to deliver the service that its customers expected.

Apple was accused of interfering with contracts and breaking competition laws by penalising people who switched from an iPhone but remained with the same mobile network provider, and failing to inform them about the problem.

Unfortunately for Moore the judge said that, regardless of whether Apple is at fault or not, there is not enough evidence to suggest that multiple members of the lawsuit had suffered any messaging interruption.

The ruling will be a relief to Apple, which would have faced mounting costs if the case had proceeded and put the plaintiffs in a positon to negotiate an out-of-court settlement.

Apple has yet to comment on the case, despite V3‘s request.

Apple fixed the iMessage problem with a tool that enabled people to de-register from the service when they switched to a non-iOS smartphone. But Apple’s actions were clearly not enough to prevent the class action suit being filed.

Court battles and legal investigations are common for Apple. A US senator recently called for an investigation into Apple Music and its potential for market abuse and dominance.

Apple has also been embroiled in court battles with Samsung, the latest case about design patents seeing Samsung garner the support of Facebook, Google, HP and Dell.

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6 August 2015 | 1:47 pm – Source: v3.co.uk

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