Apple sued by ex Apple iPhone user over texts that iMessage didn't forward

Adrienne Moore has filed a suit against Apple in U.S. District Court for the Northern District of California. Moore claims that she was forced to use iMessage on her Apple iPhone 4 when her phone was updated to iOS 5. The problem really started last month when Moore dropped her iPhone 4 for a brand spanking new Samsung Galaxy S5. Since then, Moore says that iMessage is still sending messages from other iPhone users to her deactivated iPhone 4, but is not forwarding them to her new Galaxy S5. To make matters worse, those sending messages to Moore were never informed that their messages were not reaching her.

Apple has warned those moving their SIM card or phone number to a non-iOS device to shut down iMessages before the actual move is made. Otherwise, other iOS devices can continue to send messages through the iMessages for up to 45 days before giving up. On Thursday, we told you that some are calling iMessage a "black hole" that was sucking up texts that should have been sent via SMS to non-iOS devices. So far, Apple has been unable to fix the problem.

Moore contends that she and other former iPhone users were not made aware of this. As a result, she and others missed "countless messages" which caused "irreparable harm." Moore seeks to broaden the suit to class-action status under California's unfair competition law, arguing that iMessage is not allowing customers of wireless carriers to have their contract fulfilled, by restricting the distribution of text messages. It's a clever argument, but will a jury buy it?

  

source: Scribd via Bloomberg
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