U.S. District Judge Lucy H. Koh has dismissed a lawsuit where the plaintiffs accused Apple of “interference” with their text messages. They complained their text messages were no longer delivered when they moved their phone number from an iPhone to an Android device.
Judge Koh had dismissed a class action lawsuit over the issue back in August, but that wasn’t the end of it. Three of the plaintiffs continued their complaints, alleging the Cupertino firm was was in breach of the Federal Wire Tap Act by “intercepting” their text messages. Apple requested a dismissal of the case, after discovering two of the three plaintiffs did something odd…
Apple […] discovered that two of the three plaintiffs in the case had gotten rid of their old iPhones after they filed the suit against Apple. They are thus unable to demonstrate whether texts sent to their phone numbers went to their Apple or Android devices, Apple claimed. One of the plaintiffs also previously asked that she be dismissed as a “named plaintiff” in the case.
Judge Koh dismissed the cases with the following order:
The Court has granted the Motion for Summary Judgment filed by Defendant Apple Inc. See ECF No. 112. Accordingly, the Clerk of the Court shall enter judgment in favor of Defendant. The Clerk shall close the file. IT IS SO ORDERED.
The issue, experienced by a number of iPhone to Android switchers, was caused by a bug in the iMessage system, where a switcher moved their number to an Android phone without first disabling iMessage on the iPhone. Apple has since created a web-based tool to address the issue.