Judge Lucy Koh pressures Apple by consolidating lawsuits over undelivered texts to Android downgraders

“Yesterday, Judge Lucy Koh made a ruling that affects two separate lawsuits filed against Apple involving the company’s alleged failure to deliver text messages to the intended recipient after users switched from iPhones with iMessage to Android,” Jordan Crook reports for TechCrunch.

“The first case was filed in May by plaintiffs Adam Backhaut, Joy Backhaut, and Kenneth Morris, arguing that Apple was violating the Stored Communications Act and the Electronic Communications Privacy Act (commonly referred to as the Wiretap Act) by intercepting messages from their intended recipient,” Crook reports. “The second case was filed a day later by plaintiff Adrienne Moore, who made a number of claims against Apple, many of which were denied by the judge. However, Moore’s case was passed earlier this week on one claim having to do with Apple’s alleged interference with her current wireless contract with her Android provider.”

“Judge Koh (who has her own history with Apple) consolidated the Backhaut case and the Moore case into a single lawsuit yesterday, requesting that a complete, amended complaint be filed with the courts no later than December 4,” Crook reports. “All three parties, counsel for Backhaut, Moore, and Apple, asked not to be consolidated into a single case, as the theories waged by each of the plaintiffs is very different.”

Read more in the full article here.

MacDailyNews Take: Judge Lucy Koh knows best… about what, we have no idea!

Once again, for the obviously overwhelmed and pitifully pea-brained Lucy Koh and the rest of the morbidly stupid, Apple’s iOS Messages webpage very clearly states:

iMessage lets you send messages back and forth with anyone on iPad, iPhone, iPod touch, or a Mac running Mountain Lion or later.

Nowhere does Apple state that their iMessages instant messenger service will work with random inferior iPhone knockoffs.

Related articles:
Judge: Apple must face U.S. lawsuit over vanishing iPhone text messages – November 11, 2014
Apple introduces online tool for deregistering iMessage – November 10, 2014
Apple sued for 2nd time over iMessage failure to deliver texts to Android phones – May 17, 2014
Apple sued over vanishing texts to Android phones – May 17, 2014


  1. Lucy is a menopausel abused bi–h .. Who finds glory in her misguided war agains apple.
    Her way of satisfying her psychopathic disorders and God complex.

    Go F yourself Lucy !

    1. Your ignorance of the facts is deep but also rooted in your prejudice and bigotry. Judge Koh is a citizen of the United States of America with Korean ancestry. You know nothing about her beliefs or values and are judging her based on your prejudice against Korean culture, people, government and companies. Even though every single other person you met of Korean background could be lacking the qualities you admire in people, you cannot state that Judge Koh is like them until you meet her personally and get to know her in a nonjudgemental way.

      1. You are such a partisan idiot. She is a lefty judge and just wants to redistribute Apple’s money by making Apples money a pinata gift to others who don’t participate or believe in capitalism. They don’t take any financial risks. They just sue to get other peoples hard earned money.

  2. Please how can mix oil and water, simple that judge need to kwon about iOS , then the poor bad craft of android , after think ! Coca cola is coca cola and Pepsi is Pepsi no mix same with stupid fault of law.

  3. Can’t judges be impeached or otherwise thrown out of their jobs? Why are we paying this woman? Is she declaring her other income, if Samsung or other Korean entities are paying her on the sly, on her tax returns? It is time for a very deep criminal investigation of her, as well as a bank of intelligence tests to determine if she is competent to hold her position.

    1. Apple has yet to solve the problem. The solution they offer now is a patch. It helps people who discover what is the cause of their missing messages. But to ordinary people, the discovery process can take days.

      I sent several texts to my friend, who, unbeknownst to me, lost his iPhone, couldn’t afford a full-price one until his contract is up, so he had to buy a cheap Android in order to limp along until the end of the contract. Of course, he migrated his number to the cheap Android (contacting several hundred people to inform them of the number change made no sense, when number porting is easy and simple). When I realised that he kept ignoring me for several days (and after losing several excellent business opportunities because he was seemingly incommunicado, I finally called him, leaving voicemail protesting about texts. Later in the day he called back claiming that he never received any texts from me. It took us several days until, just in passing, it came to light that he no longer had an iPhone, and my texts, being hijacked by my phone and converted to iMessages, were going into the black hole of the iMessage server. It wasn’t until then that I had noticed the little mark next to the blue speech bubble for the text I had tried sending to him, which I never bothered noticing, since I had been texting him for years to his iPhone without issues.

      So, in this particular case, I had to call my friend to protest his ignoring my text. It took almost a whole week until we had figured out what was the problem. He was so furious, he was almost determined never to go back to the iPhone. In a while, he calmed down (after becoming more and more frustrated with the temporary Android device), so he’ll come round, but the problem caused real damage.

        1. One of the very few voices of reason here.

          It is so easy for us fanboys to deride the “misguided” switchers to android while forgetting the perfectly legitimate reasons for switching (large screens, lost/stolen iPhones still in contract). My friend was seriously furious because he missed out on a few nice job opportunities because he never got many texts, not just from me, but also from many other iPhone users. For several valid reasons, one of which is a hearing loss, his preferred mode of communication is text. Imagine if you missed out on most texts people were sending you because of some stupid obscure setting on a phone you had no longer access to because it was stolen.

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