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New lawsuit accuses Apple of botching Mobile Me transition

updated 01:19 pm EDT, Fri May 18, 2012

Move to iCloud accompanied by headaches, says plaintiff

A new class action lawsuit has been filed against Apple in California, accusing the company of "unfair, unlawful, deceptive, and misleading practices" in promoting iCloud, according to AppleInsider. The case -- filed on behalf of Danyelle Comer in the US District Court for the Northern District of California -- specifically targets Apple for failing to properly transition paid Mobile Me subscribers over to iCloud. "Throughout the migration, Apple failed to adequately ensure that features Mobile Me users were paying for would be accessible, including access to their e-mail accounts for which customers pay additional fees," complaint documents read. "As a result, numerous Mobile Me users suffered damage from the inability to access their individual accounts."

Apple is said to have "misrepresented" iCloud in advertising, in that the company was allegedly ill-prepared for transitioning Mobile Me customers, with "devastating" results. "Unfortunately for many users it doesn't 'just work' and has resulted in a series of headaches due to lack of syncing ability, lack of email functionality and other complications and losses and corruption of data," the complaint goes on. "In fact a number of users have been forced to hire outside technical assistance at significant cost, just to migrate to the iCloud platform or get around it to obtain minimal functionality of emails and other systems."

The filing also makes references to problems merging Mobile Me accounts with Apple IDs; when buying apps and the music at the iTunes Store, for instance, users might have used an Apple ID separate from the email address linked to Mobile Me, forcing a person to choose between their purchases or their address. Another issue is said to be downtime, since iCloud and Mobile Me email accounts have supposedly been inaccessible at times when Apple's status system said they were running properly. "Apple's most dedicated consumers, including those who paid for Mobile Me service have continually experienced problems with iCloud migration, including lack of email for extended periods," the suit says.

Apple is charged with unjust enrichment, breach of express warranty, breach of implied warranty of merchantability, and violating the California Consumer Legal Remedies Act as well as the Magnus-Moss Warranty Act. Mobile Me is currently in its last weeks of life; after June 30th the service will shut down, taking with it anything not migrated over to iCloud, though and email addresses will still function.

by MacNN Staff



  1. Flying Meat

    Joined: Dec 1969


    Eh, I could'a sworn

    They extended to migration window. No?

  1. aristotles

    Joined: Dec 1969


    Worked fine for me.

    I was a mobileme customer and I still have the same address as I had before.

    What was I doing wrong that caused it to work without problems?

  1. icewing

    Joined: Dec 1969



    "...forced to hire ouside technnical assistance..." Forced? and what did they hire, a psychic?

  1. Tralthamidor

    Joined: Dec 1969



    I have to agree, they did botch it. Our company has about 8 MobileMe accounts and half had problems losing data and the nightmare of having 2 accounts meant having to choose your purchases in one account or the other.

    Even though you paid for MM you can't migrate to iCloud unless you upgrade all of your machines to Lion at additional cost and only if your machine is new enough. All of our G4 laptops run fine but no more calendars or synching. Serious botch.

  1. testudo

    Joined: Dec 1969


    Re: Eh, I could'a sworn

    They extended to migration window. No?

    Nope. Migration window has been static. What they did do, at some point, was change the rules so that if you migrated to iCloud, you could still use your MobileMe services until the end of the period. So, originally, if you 'upgraded', you lost your iDisk. Now you don't. Well, until the end of June.

  1. dpicardi

    Joined: Dec 1969


    The fact that Apple's...

    Snow Leapard email app no longer works with my primary email...which is an Apple .mac/.me account is reason enough to call this a botched transition. I find it hard to believe that the app could not have been rewritten to handle this transition more smoothly. I'm a huge Apple fan...but this transition has been a let down. A web-based email solution is no substitute.

  1. imagine engine

    Joined: Dec 1969


    To summarize


  1. artist25

    Joined: Dec 1969



    MobileMe = $99 / year iCloud = free cost of 1-2 OS upgrades to use iCloud = $29.99-59.98 I even heard that snow leopard discs were being offerred free to MobileMe customers. People just like to complain and make a quick buck.

  1. Stuke

    Joined: Dec 1969


    Not just Mac OSX upgrade...

    some of us also need to upgrade iOS devices, which other than iCloud (vs. MobileMe) work just fine. Now I'm all for staying modern, and Apple has certainly got a track record for not really caring before upgrading and killing backward integration rather early; but, I'm having a hard time deciding to go to iCloud for these reasons.

    I can't upgrade my single MobileMe to a Family Pack (just missed the "stopped selling" deadline). So, as I manage all iOS devices (13 in all for a family of 5 ... 5 iPhones, 5 iPod touches, 3 iPads) all with a single Apple ID and single iTunes library for all media types...moving to iCloud forces me to "set free" the devices to their own, new Apple IDs just to prevent us from having one massive Photo Stream, one massive iBookstore purchasing stream, one massive App Store purchasing, etc. What I mean is only one Apple ID is easy to do with MobileMe...and after 20+ years with Apple-only technology, I'm still (mid-May 2012) not able to see the pathway forward into iCloud. Perhaps it's time to move to other "cloud" services and admit that Apple is not the best at everything it produces. (I still have my email for life...signature line...that die in .Mac, then MobileMe, now iCloud??). Thanks for letting me rant.

  1. apostle

    Joined: Dec 1969



    Did any of these people read the EULA before clicking the Accept button? What alternative solutions did they seek before filing a lawsuit? Do these people have documentation showing that Apple has made no effort at all to help them?

    To me MobileMe seemed more a gimmick to draw in pimply faced teenagers in need of validation than it did any type of "professional offering". ""? I'd be embarrassed.

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