Apple Must Face a Lawsuit Over Disappearing iMessages After All

By Kate Knibbs on at

When Adrienne Moore switched from an iPhone 4 to a Samsung Galaxy S5, her messages from Apple users started going missing. This isn't unusual; iMessage purgatory became such an issue that Apple recently released a quiet fix. But it wasn't quick enough: a US judge decided this week that Apple must face Moore's lawsuit.

"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," Judge Koh wrote in her Monday night decision. In response to Moore's original lawsuit, from May, Apple filed a motion that claimed:

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.

Moore is hoping to achieve class-action status for the lawsuit, which would allow other users to become plaintiffs in the case. The fate of the case remains undecided, but Koh's latest decision means that it's going to proceed.

I've asked Apple if they have an official comment, and whether the decision to introduce the de-registration tool was in any way influenced by this lawsuit. I'll update if I hear back. [Reuters]