A judge ordered Apple on Monday to face a lawsuit filed by plaintiff Adrienne Moore, who is suing the company for missing text messages after switching from an iPhone 4 to a Samsung Galaxy S5 device.
U.S. District Judge Lucy Koh in San Jose, California ruled that Apple did not inform its iPhone users that it would block their incoming text messages once they switched to an Android device.
The plaintiff is now seeking compensation for unspecified damages involving the messages that she did not receive. Judge Koh believes that the lawsuit will help Moore present how her contract with Verizon Wireless was interrupted because of Apple's iOS 5 software. She has to prove that the Cupertino-based company has violated provisions of the California unfair competition law and consumer protection law, according to Reuters.
"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," Koh wrote.
Apple is aware of the issue, and Moore is not the only one who has this problem. Some users raised this issue in online forums, wherein messages appear to be delivered in the iPhone users' end, but are not showing in the receivers' end. Mac Observer said that the problem seems to be a server issue, which Apple claimed it fixed several months ago. The company has an online-tool that allows users to retrieve their iMessages and Messages.
The lawsuit was filed in May, and Apple has attempted to dismiss the case, Techcrunch reported.
"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," Apple wrote in court papers.
Apple has not responded yet on this issue.
