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Apple class action lawsuit over iMessage comes to a decision

| Dec 28, 2015 | Consumer Fraud |

You may have heard about consumer woes back in 2012, when iPhone users switched to Android phones. Some consumers who made the switch complained that they were unable to send texts or receive texts from other iPhone users. This caused three plaintiffs to file a class action lawsuit against Apple, claiming a violation of the Federal Wire Tap Act. The lawsuit finally came to a halt today after a federal judge made a decision.

With a single line in her final order, the U.S. District Judge Lucy H. Koh dismissed the lawsuit against Apple. This is a second victory for the electronic giant, as Judge Koh also declined to give the lawsuit a class action status back in November 2014. However, the lawsuit would still proceed without the class action status.

The Story Behind The Alleged Failed Messages

The three plaintiffs (with one even requesting to become an unnamed plaintiff at one point during the litigation) originally purchased Android phones in 2012, making the switch from Apple iPhones. They accused Apple of violating the Federal Wire Tap Act since they were unable to receive texts or messages from other iPhone users. However, the catch in this case came when all three plaintiffs disposed of their old iPhone prior to filing the case.

Eventually, Apple did find there to be a bug or glitch of some kind, creating a tool to help with the issue. While this particular consumer issue has come to an end with Apple, what remains to be seen is what future complaints will come to fruition in a class action against Apple. The tech giant is still facing legal woes, including a class action for the iPhone 5 Wi-Fi defect.

If you have a case in which you believe you have been a victim of fraud or misrepresentation as a consumer, seek the help of a lawyer experienced with consumer law and litigation.

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