Apple facing lawsuit over 'missing texts' when number is switched to an Android phone


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Apple has been ordered to face a U.S. federal lawsuit claiming it failed to tell consumers that its iMessage would block them from receiving text messages if they switched to Android-based smartphones.

Once iMessage is enabled, Apple routes messages from other iPhones through it. 

However, this can continue even when a number is switched to an Android phone, without access to the service, meaning if anyone sends an iMessage to that number it doesn't get converted to a text, and ultimately ends up lost in the ether.

When a person registers an iPhone, their number is typically linked to iMessage. When they then swap to a new device, these messages are not always converted to text, and become lost. The tool (pictured) lets previous iPhone owners enter their phone number to deregister it from the service

When a person registers an iPhone, their number is typically linked to iMessage. When they then swap to a new device, these messages are not always converted to text, and become lost. The tool (pictured) lets previous iPhone owners enter their phone number to deregister it from the service

HOW TO DEREGISTER IMESSAGE 

If you still have the iPhone you were using before you switched, transfer your SIM card temporarily back into the iOS device. 

Make sure the phone is connected to a network. 

Click Settings, Messages and turn iMessage off.

If you no longer have the iPhone, open Apple's new tool

Select the correct country from the drop-down menu and type in the number. 

Click 'Send code'. 

Enter the six-digit code that is sent to that number into the box below, and select Submit.  

U.S. District Judge Lucy Koh in San Jose, California said Apple must face plaintiff Adrienne Moore's claim that the message blocking interfered with her contract with Verizon Wireless for wireless service, which she kept after switching in April to a Samsung  Galaxy S5 from an iPhone 4.

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.

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.

'Plaintiff does not have to allege an absolute right to receive every text message in order to allege that Apple's intentional acts have caused an actual breach or disruption of the contractual relationship,' Koh wrote.

The judge also dismissed some claims tied to another California consumer protection law.

Apple did not immediately respond on Tuesday to requests for comment. 

Roy Katriel, a lawyer for Moore, did not immediately respond to similar requests.

In court papers, Apple said it never claimed that its iMessage service and Messages application, which ran with iOS 5, would recognize when iPhone users switched to rival devices.

'Apple takes customer satisfaction extremely seriously, but the law does not provide a remedy when, as here, technology simply does not function as plaintiff subjectively believes it should,' the Cupertino, California-based company said.

Earlier this week Apple released a tool that will help people deregister their number from iMessage, or disable the service, to stop this from happening.

The tool, first spotted by a Reddit user, lets current or previous iPhone owners enter their phone number to deregister it from iMessage.

They are then sent a six-digit code to confirm they want to remove it.

Alternatively, people who still own an iPhone and are selling it, or want to simply switch the service off, can click Settings, Messages and Turn iMessage off.

When purchasing an iPhone, a number is typically linked to the firm's iMessage service upon registration.

When a message is sent between enabled iOS devices, Apple sends it as an iMessage - rather than as a text.

iMessages are sent using a web connection, rather than a network connection.

But, when a person switches their number to a new phone, such as an Android, that particular number can remain linked to iMessage.

When an iOS user then sends that mobile number a message, Apple can end up routing it through its web service.

But without access to iMessages, the recipient doesn't receive it unless the sender resends it as a text. 

Previously, the only solution was to deregister the old device completely from their Apple accounts. 

The bug can also affect iPads that have a 3G connection and use a number.  

In May, Apple said it was addressing bugs within its iMessaging system that caused text messages to become lost when the recipient switched to a non-Apple phone.

Alternatively, people who still own an iPhone and are selling it, or want to simply switch the service off, can click Settings, Messages and Turn iMessage off. iMessages are sent using a web connection, rather than a network connection. But, when a person switches their number to a new phone that number can remain linked

Alternatively, people who still own an iPhone and are selling it, or want to simply switch the service off, can click Settings, Messages and Turn iMessage off. iMessages are sent using a web connection, rather than a network connection. But, when a person switches their number to a new phone that number can remain linked

But one disgruntled customer was so annoyed about missing messages, she filed a lawsuit against the firm.

Adrienne Moore claimed the company failed to disclose its knowledge of the problem.

The issue does not appear to affect all previous iPhone users, but Apple issued a statement that it had 'fixed a server-side iMessage bug which was causing an issue for some users,' and was working on an additional fix for future software updates.

This latest tool offers such a fix.



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