Apple sued for 2nd time over iMessage failure to deliver texts to Android phones

“Plaintiffs Adam Backhaut and Bouakhay Joy Backhaut of Macomb County, Michigan and Kenneth Morris of Riverside County, California have launched a Class Action against Apple in San Jose,” Jack Purcher reports for Patently Apple. “The case is about Apple’s iMessage not working properly with Android smartphones. This latest Class Action lawsuit was filed yesterday – just one day after Californian Adrienne Moore filed her Class Action against Apple over the very same issue.”

“Plaintiff Adam Backhaut purchased an iPhone 5 in December 2012 at a Best Buy store in Michigan. At the time of purchase, a Best Buy employee set up his iPhone 5, including iMessage. Mr. Backhaut used the iPhone 5 for approximately one year,” Purcher reports. “Plaintiff Joy Backhaut purchased an iPhone 5 at the same time and place as her husband and a Best Buy employee also set up her iPhone 5, including iMessage.”

“In December 2013, Plaintiff Adam Backhaut purchased an “‘HTC One’ for approximately $250.00, which runs an Android operating system, and switched the number previously associated with his iPhone 5 to his new phone,” Purcher reports. “Following Mr. Backhaut’s switch to an Android based phone, Mrs. Backhaut continued to text her husband as she had previously used the Messages app on her iPhone. When Mrs. Backhaut texted her husband, her iPhone indicated that the texts she was sending were “delivered.” In fact, Mr. Backhaut never received these messages. The messages continued to be intercepted by Apple’s iMessage system, despite the fact that the Plaintiff was no longer an iPhone user.”

Read more in the full article here.

MacDailyNews Take: Solution: Don’t downgrade from an iPhone to an inferior iPhone knockoff.

In the immortal words of Ben Stern, “I told you not to be stupid, you moron.”

Related article:
Apple sued over vanishing texts to Android phones – May 17, 2014

64 Comments

  1. PA asks the question whether you think that this is coincidental that 2 class action lawsuits were filed within a 24 hour period or if it’s an android oem (ahem samsung) behind this. I’ll take a guess and say that i think it’s those SAMSUNG ASS HOLES IHMO

  2. One doesn’t send or use iMessage with anyone who does not have an iPhone, d’uh. What’s the mystery here? When one leaves the Apple eco-system, one has to deal with the junkyards they find themselves in.

    1. If you send a text from an iPhone to a non-iPhone it doesn’t use the iMessage system. That’s the issue.
      Quoted from the article. “The messages continued to be intercepted by Apple’s iMessage system, despite the fact that the Plaintiff was no longer an iPhone user”

      BTW. I think it’s an assinine suit also. The ineptness of the user doesn’t justify frivolous lawsuits.

    1. No, that’s the whole point. The way it works is that when you turn on iMessage and send messages, they first ping Apple’s server to see if the recipient can receive an iMessage, if so, it does that. If not, it sends an SMS if your device has the capability.

      Likewise, when someone sends a message and you both have iMessage turn on, you receive an iMessage. When iMessages are sent and received, your carrier is 100% out of the loop.

      Apple knows who is capable of receiving an iMessage because when you turn iMessage on, you’re registering your number with Apple’s server. If Apple has your number in their database as being iMessage capable, it will send that message and not an SMS until you turn iMessage off.

      Apple has no way of knowing any of the various conditions that a person may want to receive an SMS instead of an iMessage if they’ve never deactivated iMessage. For example, if your iPhone falls to the bottom of the ocean, there’s no way for Apple to know that you didn’t just turn off your iPhone, and when you get a new phone, there’s no way for Apple to know that you’ve done so.

      For everyone else sending SMS messages, those still go through the carrier, so you’d receive them on the new phone (regardless of manufacturer). For those sending from iMessage, since Apple still doesn’t know not to send you an iMessage you won’t get your message unless you have a new iPhone and have turned on iMessage on that new iPhone.

      The answer of course is to turn off iMessage on all of your devices in order to have Apple know not to send you an iMessage at your registered number.

      The problem occurs when you don’t know this, or when you don’t have the ability to do this (iPhone stolen, bottom of the ocean, broken, etc…).

      When this occurs, the only current solution is to call Apple Support. Unfortunately, that requires paying a fee if your device isn’t covered.

      Here’s what Apple should do:

      Allow users to log into a website and turn on or turn off iMessage for their devices. This could be the iCloud.com website and they could have a new icon for iMessage allowing you to turn on/off iMessage as well as to allow iMessage access via the web. This would have the added benefit that if you lost your iPhone you could still get your iMessages from any web capable device in the world.

      Until Apple does this, while this doesn’t seem lawsuit-worthy to me, it is something to be aware of as a optional user of iMessage.

      1. Yet still, the scenario is even smaller than you describe. This scenario can only be a problem if you replacement phone is an android device. If you activate your old phone (for the phone that was dumped into the ocean) onto a new iPhone, apple is smart enough to know that the new iPhone is your new phone and that is the phone now associated with you iMessage account. If you then go into iMessage and deactivate iMessage on that new iPhone you can port your number to a new android phone and iMessage will de-register your phone number from the iMessage directory.

        Most carriers should be able to this with a loaner iPhone as a courtesy when you buy your new phone.

        I have done it for others myself, to de-register the phone number.

        1. I think you’re missing the point that being able to log into iCloud.com to turn off iMessage is somewhat of a no-brainer solution, both in terms of making it easier for the user as well as reduced support costs for Apple (along with not pissing people off, even if they are idiots).

          Sure, if my iPhone gets lost, stolen, damaged or otherwise seizes to function while on a trip, I’d reach into my backpack, grab my backup iPhone and be slowed down only to the point of either swapping the SIM or calling for activation. Great, I’m not exactly worried about this.

          However, for anyone traveling where they don’t have access to a loaner iPhone or even the ability to purchase an iPhone, they could end up being screwed simply because Apple didn’t build this functionality into iCloud.com.

          As I mentioned earlier, they’re even missing an opportunity to have iMessage itself be iCloud accessible. Forget your iPhone at home, no problem… check your SMS messages anywhere in the world with a web browser.

    1. Exactly. I really doubt it would make it to class action anyway.

      Just turn off iMessage and then the text will go through just fine. I had a friend who said she wasn’t getting messages from her iPhone friends and as soon as I told them to turn on SMS they got them just fine. Maybe they should read the part were iMessage only works on Apple devices.

      1. I’m sure apple will ask for a preliminary judgement, the judge will look at the last case, and warn the plaintiff they will find in favor of apple unless the plaintiff can show new evidence to change the finding in this case and that they will proceed anyways because they are incapable of logical thought.

  3. I’m not your typical user, I drive a variety of smartphones (iPhone, Android, BlackBerry and Windows Phone) as part of my need to support a variety of platforms in my business. It’s a pain in the ass to unlink your mobile number from iMessage, but it’s not something that cannot be done. Apple even provides a KB with instructions on how to do so (a link at the bottom of this page http://support.apple.com/kb/ht5538). While not overtly obvious that this can be done, a little searching will turn up this article in 5 minutes. I guess it’s easier to launch a lawsuit than it is to spend the 5 minutes and figure out how to turn this functionality off.

  4. The lawyer, William Audet, was previously trying to get another class action against Apple for some idiocy about iPhones ‘leaking’ personal information. (case 11-md-02250)

    The case was of course later dismissed. I guess the lawyer, who likes to title himself as a ‘Super Lawyer’ on his webpage, wasn’t really happy with that outcome.

        1. Troubleshooting, I think it’s because I had ‘stealth’ mode on, which kills pings back and forth back to the router.

          As for Stinko biloba: One of my favorite trees! Ancient. Except, you don’t want a female of the species in your yard. They grow an inch diameter yellow/orange fruit that ripens, then drops of the tree in a little pile of mush that… Well, it depends on the year, but the mush stinks like either:
          A) Barf
          or
          B) Dog dump

          Apparently, Ginko evolved way before the development of bees. The pollenater creatures were flies. Therefore, stinking like rotting stuff attracted the flies who would fly around and pollenate between the male and female Ginkos. But why do the fruit stink like rot? The seed inside is about 1/2 inch wide, teardrop shaped, not of interest to any fly. Maybe the flies ate the rot stuff and the seed could roll around in the wind. They’re very light seeds despite the size. Speculation.

          Anyway, I call Ginko biloba the Barf Berry Tree.

  5. This is just a headline attention grabber. Lawsuits cost money, follow the money. I’m sure Audet knows by now which deep pocket to get his money from.

  6. Not only is this Shark in a Brooks Bros. suit out to suck some cash from Apple’s hoard, he wants to steal 50% of the first Shark’s cash cow by forcing the two lawsuits into one.

    Ripping off Apple and one of his own shark buddies too.

    I hope they both have to pay Apple when they lose.

  7. ““The case is about Apple’s iMessage not working properly with Android smartphones.”

    iMessage works only between APPLE devices you morons. You can’t use iMessage to send a message to an HTC phone. The messages weren’t “intercepted” by iMessage. The plaintiff’s moron wife SPECIFIED iMessage when she sent them. Apple is not responsible for making its proprietary applications work on competitor’s phones. I hope these two aren’t planning to reproduce. They could set the evolutionary process back by eons.

    1. Actually the messages are intercepted by iMessage. That’s how it works. See my long-winded comment above. The wife didn’t specify to send via iMessage, she just sent a message. Her phone pings Apple’s server and since his number was registered as being iMessage capable, that’s what was being sent even though he was incapable of receiving it.

      While not being lawsuit worthy, it is an issue in the way iMessage works that does end up affected many people. Apple could change things by allowing web access (instead of the actual device) to turn off iMessage (again see my earlier comment). Additionally, Apple could deactivate iMessage on devices that haven’t logged in for a period of time.

      1. Apple’s iMessage is working exactly as designed. It’s the customer’s fault that his phone number is still listed at Apple as being an iPhone. How is Apple supposed to know that he took his SIM card out of one phone and stuck it another phone?

        1. “Apple’s iMessage is working exactly as designed.”

          Yes, and that’s the problem… the design of the system.

          “How is Apple supposed to know that he took his SIM card out of one phone and stuck it another phone?”

          Again, read what I wrote. I mentioned previously how the system works and what Apple needs to do to make this a non-issue. Apple is supposed to know to let go of his number from iMessage by having the user turn off iMessage. The problem is that it’s not always possible (iPhone gets lost, damaged, stops working).

          The fact remains the way the system is designed to work, a user could be stuck having lost messages unless they pay Apple a fee. Imagine this scenario…

          You’re in a plane/train/car crash and your iPhone is destroyed or it just fails on its own. It’s no longer under warranty and you don’t qualify for free support. You decide not to get an iPhone or perhaps you’re in another country where you can’t get another iPhone registered with your number. The only solution to this is to pay for an Apple Support phone call.

          This all could be remedied by Apple offering iMessage off/on capability on iCloud.com.

          Watch… they will do this.

        2. Do you like being able to send messages to people without iPhones or people with iPhones who have iMessage turned off? Where exactly do you think I’m advocating using SMS over iMessage? I use iMessage whenever I can, but that doesn’t negate the fact that Apple should bring iMessage activation services to iCloud.com.

        3. Just reset your Apple ID password. That disconnects all devices until you reconnect each one.

          No need to call Apple, pay for anything, and can be done from any web browser!

        4. Both Zeke and kevicosuave are correct. To solve the general case of this problem, kevicosuave offers a good solution.

          However, in this particular case, the plaintiff failed to take the proper steps prior to switching his mobile phone number. His lawyer is trying to avoid the legal issue that iMessage is optional by stressing that a Best Buy employee set up his iPhone and, later, his Android HTC One. I don’t believe that this ploy will work – ignorance is no excuse. That is beside the fact that Best Buy employees are not Apple employees.

          I don’t have an iPhone and I don’t use iMessage. The service sounded like a reasonable idea when it was first offered because many people had a plan with a finite number of texts and had to pay an exorbitant fee for additional texts (exorbitant considering the amount of data transferred). Via the iPhone, Apple helped to break the stranglehold that the cell companies enforced on “value-added” services like SMS, MMS, etc. Everyone in the U.S. should appreciate Apple’s efforts on their behalf, no matter what brand of “smartphone” they are using.

          As I stated previously, I do not have an iPhone or use iMessage. Given the proliferation of unlimited SMS cell phone plans the cost issue is not important to most people, so it is unclear to me whether or not iMessage still offers advantages to iPhone users. Does it offer improved functionality over standard SMS?

        5. Thanks, yes, I want to make it really clear that this lawsuit is bogus even if I feel Apple should (and probably will) make disabling (and maybe even accessing) iMessages via iCloud possible.

          As far as the advantage to iMessage, yes, encryption is there, yawn… I’m not exactly texting things that NSA would care about, and the NSA can still metadata iMessage.

          Other than encryption, the only real advantage of iMessage is that it ever existed in the first place, as you point out, everyone already benefited from the change in SMS pricing policy. Now, unless everyone you know has an iPhone, you’ll probably still need SMS so you’re not really missing anything.

  8. Apple iMessage have been communicating with Windows & Android phones successfully. Take both phones into Apple Genius Bar at stores & they will make them talk to each other. Problem is with Google.

    1. iMessages are Apple-only. You can only send an iMessage to another Apple device that has been registered and has iMessage turn on.

      You can send an SMS message (using the same app) to anyone capable of receiving an SMS message. This has nothing to do with Google, nor is there anything Google can do about this.

  9. Idiot + Greed = Lawsuit. Somebody must pay because these people are stupid, and the answer is “all of the rest of us”.

    Welcome to what America has become. The terrorists don’t need to work so hard: we are destroying ourselves quite well enough, thank you.

  10. That’s just stupid as hell. They don’t put iMessage on junk phones. Why should they be concerned with other phones? I don’t see people bitching about not having iMessage on their $20 go phone. Android phones are no different than a garbage $20 go phone, as far as anyone is concerned. Why would apple be obligated to put their integrated software functionality on a third party system? That’s like telling Mercedes-Benz they need to carry parts and provide service for Ford Focus and cheap motorcycles.

      1. So if for example, you’re in another country and someone steals your iPhone or you’re in an accident and your iPhone is lost/damaged, then no messages for you!!! That’s nice.

        Again, not lawsuit worthy, but Apple should enable web access to turning off iMessage so that this simply isn’t an issue for anyone.

  11. Did they ask for help from Apple? If they didn’t then the case should be dismissed and they should have to pay lawyer fees. I just can’t understand how anyone would file a lawsuit to solve such a little problem.

    1. Agreed. But I think that the plaintiff’s lawyer is using the reported $19 fee (if you are no longer covered) as his “stick” against Apple.

      Others, such as kevicosuave, have put this in the proper context. Apple should make this process easier and free. It is not in Apple’s best interest to even inadvertently support the argument that Apple “locks” people into its “walled” ecosystem. If you want to leave, there is the gate.

  12. Put Judge Denise Cote on the case.
    She will manufacture a conspiracy in her mind before the trial, ignoring any evidence to the contrary.
    Apple says they will appeal because they think they are innocent. Then because they didn’t act repentant (essentially admitting guilt) she will then fine Apple billions of dollars. Then order billions more compensation to ex iPhone owners, as well as their family, friends and pets. Next she will instruct a clueless friend of hers to oversee the forced removal of iMessages and investigation of anything unrelated to the case (All while charging millions of dollars). All text messages will then need to be routed through Google servers (for them to read and send info to advertisers), because Google needs a bigger monopoly. Finally all contracts with mobile phone service providers will need to be torn up and renegotiated at six month intervals. (Those last in line are screwed, but nothing Denise Cote ever did was very logical). The Fandroids and iHaters will then rejoice, insisting this is a very fair judgement.

    Later on she will give the go ahead for more lawsuits filed by each of the 50 states for yet more fines and compensation. All while the original case ruling made by her is still under appeal. The Fandroids and iHaters will then celebrate further.

    Obviously, I’m drawing parallels with the ebooks case, even though they are not remotely similar.

    Just making fun of judge Denise Cote and the ridiculous litigiousness of the U.S.A. Just glad I don’t live there.

    1. Judges like Cote probably exist in every country. And, while I agree that lawsuits in the U.S. are out of control, that is more due to lawyers “creating” business in hopes of a quick payoff than anything else. Your average Joe in the U.S. does not go around dreaming up and filing lawsuits. I am nearly five decades old, and I have never been involved in a lawsuit, nor has any member of my immediate or extended family or, to the best of my knowledge, any of my friends. In addition, if I receive a Class Action lawsuit notice in the mail (which has happened several times), I opt out. Despite its flaws, America is actually a great place to live. And, as the pendulum swings away from the current era of political extremism and polarization, America will get even better. You don’t mention your country of residence, but I have no doubt that it exhibits some significant social flaws, as well.

      I believe that one of the answers to this problem of excessive litigation is to place more burden on the plaintiff regarding the merits of the lawsuit. If the lawsuit is found to be frivolous, then the plaintiff should be liable for all costs *and* the lawyer that took the case should also be held liable, as well. Perhaps if the lawyers found to be involved in multiple instances of frivolous lawsuits were held accountable – perhaps fined and barred from filing new lawsuits for a period of time – they would be a little more choosy and less willing to pimp themselves for money.

  13. As an alternative to all of this, a person in this situation (former iPhone user, no access to former iPhone, iMessage not deactivated, messages not being received from iPhone users) needs only to call Apple at (800)APL-CARE and ask for an Accounts Security advisor. These kind folks have a tool for de-activating iMessage for a specific phone number regardless of the current status/location/existence of the iPhone itself. These cases are *always* granted an exception whether or not the device is still covered by warranty, and a fee is *never* charged for Accounts Security calls (in which this situation is most definitely included). So the $19 fee doesn’t apply here, and anyone who’s told otherwise need only to ask for a supervisor to verify this fact. This isn’t speculation on my part; let’s just say I know these things to be true.

  14. Many here say that the user is greedy / stupid, that it is their own fault and that this is a non-issue.

    The problem is real, and for a very tiny number of people (switchers from iPhone to an Android), it is a significant problem for which Apple is to blame.

    When an ordinary person buys an iPhone, they don’t know, nor do they care to know, what is iMessage. When they want to text someone, they open ‘Messages’ app and send their text. Vast majority has no clue that the phone will use Apple’s iMessage protocol to send the message if the other user happens to be an iPhone user. Most don’t even notice that the message text bubbles are green for some users and blue for others, and even if they do, they don’t know what is the difference (until their curiosity complex them to google it, like mine did).

    The problem is, when you get an iPhone, you go through the set-up process, which is fairly straightforward and fast. Along that process, you at some point agreed to associate your phone number, e-mail address(es) and Apple ID with iMessage (so that people can send you iMessages using any one of those). Hardly anyone will remember this particular action, since they don’t really know what iMessage means and how it works, but they will click “Yes” or “Next” on any button that gets them closer to finishing the setup and using their new iPhone.

    This association (phone number to the iMessage protocol) will cause colossal headaches later on. As long as this user continues to use the iPhone, their iMessages will arrive seamlessly, and will look and feel like ordinary SMS text messages (but they aren’t). However, once this user migrates their mobile number (and/or g-mail or any other e-mail address that was previously associated with iMessage on their old iPhone) to a non-iOS device, the new device will (obviously) never receive any of those iMessage texts. And the user never gets a warning, nor does sender get a warning. The messages are sent by the sender from the iPhone; since the number has at one point been associated with iMessage, the sender’s iPhone will automatically switch to iMessage, send the message to Apple’s relay server, and this is where Apple does it wrong. The iMessage relay server will now try to deliver the message to any device that has been associated with the number (and/or e-mail addresses that were there when iMessage was initially set up), and as long as in their database there exist some registration of iMessage for the recipient phone number, the message will be marked as delivered, even though it cannot be, since the phone number is no longer on an iOS device.

    The only correct way of dealing with this is for Apple to develop a way to confirm that an iMessage was actually been received (and viewed) on the recipient’s device before marking it as delivered. To go one step further, they could also check for delivery against an iPhone (since the phone is the only device that is genuinely tied to a phone number), and if the message is never viewed on a phone, send a warning e-mail message after some time to the recipient’s number owner
    that their phone is not responding to the iMessages. This could possibly alert the owner that their new Android device isn’t capable of getting iMessages and perhaps guide them how to remove the number from the iMessage system.

    There is a very small group of people who migrate from iPhone to Android (people who want bigger screens, for example), and many of these have no clue about this, and are missing many messages because of it. A skilful lawyer could presumably win in a class action, since it is not all that reasonable for ordinary user to tell the difference between iMessage and SMS, especially since they are transparently using the same app to send either to their recipients.

    1. There are things called “Read Receipts” that can be enabled to indicate to the sender that a message has been received and READ. Turning on iMessages is accomplished under Settings>Messages. It’s the very first slider button you turn on or off, and it includes a detailed explanation of the service. If users are too clueless, or in too much of a hurry to understand and use these settings is that Apple’s fault? The whole thing is ridiculous.

      As stated by another poster: “…a person in this situation (former iPhone user, no access to former iPhone, iMessage not deactivated, messages not being received from iPhone users) needs only to call Apple at (800)APL-CARE and ask for an Accounts Security advisor. These kind folks have a tool for de-activating iMessage for a specific phone number regardless of the current status/location/existence of the iPhone itself. These cases are *always* granted an exception whether or not the device is still covered by warranty, and a fee is *never* charged for Accounts Security calls (in which this situation is most definitely included). So the $19 fee doesn’t apply here, and anyone who’s told otherwise need only to ask for a supervisor to verify this fact. This isn’t speculation on my part; let’s just say I know these things to be true.”

      1. We will hear the arguments in court (or not, if Apple decides to settle), but it is relatively easy to argue that it is unreasonable to expect to clearly understand what iMessage is or isn’t, especially if its functionality is practically identical to SMS / MMS.

        In the entire mobile industry, with all the existing mobile platforms (Web OS, PocketPC / Windows Mobile, Palm OS, Symbian, Android, Tizen, etc), there is SMS that works across those platforms and in the same way. User opens texting app, composes the message, hits “Send” and the message is delivered to the recipient. If the delivery fails, sender receives an error message.

        When Apple introduced iMessage, they essentially extended that SMS system in order to help their users circumvent the most notorious nickel-and-diming scheme by carriers (charging for individual texts) by sending short text messages over regular data connection. This new protocol only works between Apple devices, though. The consequences of switching from an Apple to non-Apple devices have been explained earlier here, but the practical effect is serious.

        When the entire mobile industry uses the same standard, it is reasonable for a user to expect that “Messages” app will behave in the same way. An average user can reasonably assume that “iMessage” is just Apple’s name for SMS (just like they do for all other stuff: iCal for calendar, for example). The assumption is reinforced by the functionality — they use Messages app to send texts exactly the same way they do it in other platforms (not to mention that the green text bubble icon looks rather similar on other platforms).

        A good lawyer can successfully argue that Apple had hijacked an existing standard and extended it beyond the standard, to include Apple-only functionality (similar to what Microsoft did with the Internet Explorer; at the time, we called such strategy EEE: Embrace – Extend – Extinguish), while making it appear exactly like the existing standard. With a carefully worded argument, it could be possible to convince a jury that this was a strategic goal for Apple — to create functionality that can only reliably work on Apple devices, but make it appear that somehow the other platforms are at fault.

        The point remains: the ‘iMessage’ protocol, as well as the “Messages” app in iOS, look and work too much like SMS for average users to clearly understand the difference, and the consequences.

        1. So because the average user of other devices has trouble chewing gum and walking at the same time, we should all be deprived of any innovative benefits that might confuse them. Got it.

        2. I’m afraid you got it wrong; that is NOT what I said (I know, it was a long post, and it is a Monday, people don’t have much time for long posts).

          Whatever innovative benefits iMessage brought to iOS may well remain (depriving us all from innovative benefits was not what I suggested). The point is that when user leaves iOS eco-system (for example, because Apple refuses to make large-screen phones available, and their eyesight is simply to poor for the current size), this user should be able to exist without such drastic punishing consequences (inability to receive texts from iPhone owners, without any warning). While it is possible for a sender to override iMessage and send a message using SMS, hardly anyone knows how to do this or is even aware it is possible. Besides, they shouldn’t have to, nor should the departing owner have to know they have to disassociate their number from iMessage, in order to preserve the ability to receive simple texts. No other device on the planet would require this, and it is way beyond reasonable.

        3. Exactly how is Apple supposed to know that after noon on a given day last week an iPhone user pulled his SIM card, trashed his iPhone, and stuck the card in an HTC phone? Isn’t it incumbent on such a customer to ask questions, and to somehow notify Apple that their number is no longer associated with an Apple product? There’s an established procedure to fix the problem if one calls Apple Account Security, and it doesn’t cost $19.

        4. Is a Motorola owner expected to call Motorola and notify them that they are no longer using their phone after pulling the SIM card out and putting it in another phone? How about Samsung user? LG? HTC?

          Exactly how is user expected to know that they should call Apple when they stop using an iPhone? There are no precedents to such practice, and, from a regular, average user’s perspective, it makes absolutely no sense. Why would their number be held hostage by Apple?

          The “Message” app looks, feels and works the same as similar apps in all other mobile OSes. There is nothing that would indicate that there is something very proprietary in it that would no longer work when user does something as simple moving his SIM card from one phone to another.

          What Apple is supposed to do here is develop a method that would periodically check (perhaps when user sends or receives an iMessage) if the phone associated with the number used for imessage is still an iPhone and if it is still working. If there doesn’t seem to be a responsive iPhone connected to that iMessage account, the system could send a message to the recipient (perhaps using world-standard SMS) to warn him of possible problems. Or the sender could get a warning message that his iMessage could NOT be delivered (because there was no iPhone on the other end of the system).

          When sender receives confirmation that a message was delivered, and the recipient receives neither the message, nor an error message, the system is NOT working properly, regardless of causes.

        5. The user OPTED INTO iMessage when he/she turned on the iMessage function in Settings>Messages. There is a detailed explanation of what that service is on the settings page where they slid the slider to the “ON” position. This is a prime example of why Apple (or any other intelligent company) should realize there are customers they don’t want to do business with, because those customers cost more than they contribute to the revenue stream, and these people are prime examples of those customers.

          Should Apple be nice and accommodate their limited attention spans and lack of discrimination in the products they buy? Probably. But this is NOT lawsuit material.

        6. I totally understand your argument, and you make a solid argument, but I disagree with you.

          The setup process for iPhone is probably one of the most straight-forward in the mobile industry. Apple has always tried to make it as simple and intuitive as possible, and they did a remarkable job. However, this process still has to satisfy Apple’s Legal Department, not to mention that it still includes multiple steps. While we can argue about the “low quality” users all day, the reality is that users of every quality (low and high) overwhelmingly click “Next” at every step of a set-up process, without reading large blocks of text. The larger the text, the lesser the likelihood it will be read. While a company might be able to legally hide behind this, it doesn’t say much about the process.

          Be that as it may, when the user agrees to associate their phone number with iMessage and turn the service ON (by taping “Messages” in “Settings”), nowhere will they see that if they take their number / SIM card elsewhere, the messages would just disappear. Not to mention that the explanation about iMessages does NOT appear in the settings; there is just a link (Find out more), which takes them to the Apple web site (meaning the phone has to be online in order to show the site).

          Regardless of people’s attention spans, or lack of discrimination regarding the products they buy, when a person sends a message to another person, there should only be two possible outcomes: the message gets delivered, or the sender receives an error message. This is how it works with SMS (the global standard), and it is how it should work with iMessages, but under certain circumstances, doesn’t. What makes it worse for Apple is that it fails in only one specific type of case: when an Apple user abandons Apple’s eco-system and migrates to the competitor’s. While there are only one in twenty iPhone users who do this (highlighting passionate loyalty of Apple users to their superior platform), this translates into millions of people, who are now missing messages without warning.

          This is simply not right, no matter how you slice it.

    1. When you get an iPhone for the first time, you are asked to create an Apple ID, and an iCloud account (with an e-mail @me.com / @icloud.com). In the process of setting up your phone, you are asked if you would like to associate your number with the iMessage protocol. If you do, when other iPhone users send you text (or multimedia) messages, those messages will be transmitted using iMessage protocol rather than SMS / MMS.

      So, when you switch from any other phone to an iPhone, at one point during the set up, you’ll associate the number with iMessage and from that moment on, all other iPhones, anywhere in the world, will be using iMessage when texting to you.

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