Judge Lucy Koh rules for Apple, scuttles class action lawsuit over undelivered texts to Android downgraders

“Apple Inc. won a ruling beating back a group lawsuit sought by a former iPhone user who claimed the company’s messaging system interfered with delivery of texts after she switched to an Android-based smartphone,” Joel Rosenblatt reports for Bloomberg.

“Plaintiff Adrienne Moore said in her complaint filed in San Jose, California that Apple’s iMessage retains text messages sent from other users of Apple devices and wouldn’t deliver them to her Samsung phone running on Google Inc.’s Android operating system,” Rosenblatt reports. “U.S. District Judge Lucy H. Koh on Tuesday ruled the case can’t proceed as a group lawsuit because it’s not clear enough that all proposed members of the suit suffered an inconvenience due to any ‘contractual breach or interference’ stemming from the iMessage system.”

Rosenblatt reports, “The ruling is a win for Apple because allowing the case to proceed stood to increase the iPhone maker’s potential costs in defending the case, and could have given plaintiffs leverage to negotiate a deal.”

Read more in the full article here.

MacDailyNews Take: If even Lucy can get it right…

Judge Lucy Koh pressures Apple by consolidating lawsuits over undelivered texts to Android downgraders – November 14, 2014
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. The total number of “downgrades” who went from iPhone to android is so small that the class would have been too small for a valid case.

      For those few, though, the problem was very real and very frustrating. An iPhone owner has no way of knowing that his iMessages aren’t delivered. Everything behaves as it should, but nothing happens. Nothing was there in the code to verify that the recipient of that iMessage wasn’t on iPhone any more. For apple’s developers, it was a hypothetical scenario not worth making an effort to address. After all, who would ever move back from iPhone to android? Except, there were a few legitimate scenarios, and those cases ended up extremely frustrated.

  1. However positive or negative this current decision is, I am still amazed that in USA companies can get “personal judges” that rule basically everything about them. This should not be the case; this system has to be fixed.

  2. Depending on the number of people that were on the plaintiff side of the class action that will continue in separate cases the ruling could possibly cost more for Apple and the plaintiffs.. Lawyers win! 😛

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