Although Apple has since claimed to have fixed an issue afflicting many former iPhone users, who claimed they failed to receive messages meant for them from friends once they switched to Android phones, yet another group of customers are suing the company, claiming iMessage intercepted their messages.
The newest lawsuit, brought by three former iPhone users who switched to Android phones, follows an earlier suit filed last spring against the company.
This time around, the three customers allege in a federal lawsuit that problems with iMessage basically make it into a wiretapping situation, because it “intercepts and retains messages that should be delivered to Android users,” according to the complaint [PDF] (via Business Insider).
Those users had switched from iPhones to Android devices and found that in some cases, they didn’t get texts from iPhone users after changing over.
The suit claims that iPhone texts are “illegally intercepted and interned by Apple” when they’re on the way to Android phones.
Because the “intercepted” messages are stuck indefinitely, the lawsuit says that counts as “unauthorized access” to a computer system and a violation of both the Stored Communications Act and the Federal Wiretap Act.
According to the plaintiffs:
Apple continues to access, intercept, collect, and not deliver the text messages sent to the now non-iPhone user. The result is not some minor “inconvenience” (as Apple seeks to portray it), but the continued unlawful accessing, interception, and non-delivery of text messages …
Some former iPhone users have gone so far as to spin a conspiracy theory that Apple is punishing them for making the move to Android, and by keeping their messages from another company.
One of the plaintiffs said he switched to an HTC One from an iPhone 5, and found his wife couldn’t text him.
… After [the plaintiff] realized that he was not receiving his text messages because they were being intercepted by Apple, [he] attempted to remove his phone number from the iMessage system but was unsuccessful. Apple continued to intercept text messages intended for him from his wife, business associates, and anyone else who was an iPhone/iMessage User.
Other plaintiffs paint similar scenarios, claiming Apple has known about the issue since January 2012 but still “has failed to correct the problem.”
Apple has denied the claims in both lawsuits. In this case, the company says:
Neither [one plaintiff 1] nor [the other plaintiff] alleges that he took any steps to disassociate his telephone number from iMessage, or to notify Apple in any way, prior to switching to a non-Apple device. Each alleges that he “attempted to remove his phone number from the iMessage system” after switching to his non-Apple device, but neither describes what he claims to have done.
In addition, Apple says it’s not intercepting the text messages on purpose, and as such, lacks the required intent to be guilty of wiretapping. It also says that because iMessages are stored in its own system “in the ordinary course of its business,” which is allowed under the Wiretap Act.
Apple Has Been Accused Of ‘Intercepting’ iPhone Texts In Violation Of The Federal Wiretap Act [Business Insider]
by Mary Beth Quirk via Consumerist
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