SAN JOSE (CN) – A class action against Apple over missing text messages will continue in Federal Court, a judge ruled Monday.
U.S. District Judge Leslie Koh granted in part and denied in part a motion by Apple to dismiss a lawsuit stemming from a woman’s lost texts after she switched from an iPhone 4 to a Samsung Galaxy S5.
In her May lawsuit, lead plaintiff Adrienne Moore claimed that Apple did not warn users that using the iPhone’s Messages application would result in undelivered messages if a user switched to different brand.
Moore said that if Apple had told her this, she wouldn’t have downloaded Apple’s Messages service or wouldn’t have bought an Apple phone in the first place.
Apple filed a motion to dismiss in July, claiming the allegations did not contain a clearly identifiable injury and did not meet standards under California’s Unfair Competition Law and the Consumers Legal Remedies Act.
But Koh ruled that Moore sufficiently alleged an injury and has standing to bring tort claims based on her contract with Verizon Wireless.
Moore argued that the class is entitled to “send and receive text messages in exchange for the monthly fee and charges they pay to their wireless carrier.”
Koh dismissed with prejudice claims under the Consumer Legal Remedies Act (CLRA), and unfair competition predicated on the CLRA.
She allowed to stand a tortious interference with contract claim and unfair competition claims predicated on the tortious interference claims.
She dismissed with prejudice an unfair competition claim based on unfair business practices.
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- Shareholder Class Action