Apple Inc. (NASDAQ:AAPL) is the target of a lawsuit from Adrienne Moore, a California woman whose cell phone messages became inaccessible after she switched from iPhone to an Android phone but kept the same telephone number. Providers are supposed to give users access to their own messages when they change services but retain the same telephone number, but a massive bug in the iMessage app prevents this from happening when users shift away from iOS devices to other platforms. Ms. Moore is alleging the glitch constitutes a violation of the service agreement and is a violation of laws ensuring fair competition as well.
The lawsuit highlights a widespread problem affecting tens of thousands, if not hundreds of thousands, of users. Since messages can contain unique and valuable information such as contact data, proof of agreements, and so on, the glitch is scarcely trivial in its consequences. Apple Inc. has struggled for several years with the bug without being able to squash it, and in fact succeeded in making it worse with at least one major attempt at a fix.
A copy of the Class Action Complaint available on Scribd indicates that Ms. Moore is seeking several penalties against Apple Inc., including:
- Damages for the plaintiff and all other “Class members” (that is, people affected by the iMessage glitch) in the amount deemed most appropriate by the court, set up as a fund paying out to all members of the affected Class.
- A mandatory injunction for Apple Inc. (AAPL) to deliver all messages made inaccessible by the glitch, plus fix the iMessage app to prevent future problems of a like nature. Failure to obey this injunction promptly would presumably expose Apple to additional punitive fines.
- An order for Apple to disclose the problem with iMessage to all users and provide information on workarounds.
- An order for Apple to pay the costs of Ms. Moore’s lawsuit.
- An order for Apple to inform all Class members of the class action lawsuit, with details of the problem it seeks to address and the potential results of the suit.
The complaint outlines three major legal counts against the Cupertino electronics firm, including “Tortious Interference with Contract,” “Violations of California’s Consumer Legal Remedies Act,” and “Violations of California’s Unfair Competition Law.” The document ends with a demand for a jury trial and repeats the information that the matter is being handled by Roy A. Katriel, Esq., of the Katriel Law Firm, located in La Jolla, California. Though an exact dollar sum is not specified, damages are indicated to be set at more than $5 million.
