Apple Denied Motion to Dismiss Lawsuit Related to Disabling FaceTime on iOS 6 and Earlier

United States district judge Lucy Koh has denied Apple's motion to dismiss a lawsuit related to disabling FaceTime on iOS 6 and earlier software versions three years ago, allowing the case to proceed as a class action lawsuit. MacRumors obtained court documents of the opinion filed electronically.

iPhone 4 FaceTime
The lawsuit was filed in February by California resident and iPhone 4 owner Christina Grace, who claims Apple intentionally broke FaceTime on iOS 6 and earlier by disabling a digital certificate that caused the service to cease functioning. California resident Ken Patter was later named as a second plaintiff.

FaceTime abruptly stopped functioning for all iOS 6 users in April 2014. At the time, a spokesperson for Apple said devices may have encountered a "bug" resulting from a device certificate that expired on that date, and the company advised affected users to update to iOS 7 to fix the issue.

The lawsuit, however, alleges that Apple intentionally broke FaceTime, prioritizing its financial interests over its customers.

Apple used two connection methods when launching FaceTime in 2010: a peer-to-peer method that created a direct connection between two iPhones, allegedly used between 90 and 95 percent of the time, and a relay method that used data servers from content delivery network company Akamai Technologies.

Apple's peer-to-peer FaceTime technology was found to infringe on VirnetX's patents in 2012, however, so the company began to shift toward the relay method, which used Akamai's servers. Within a year, Apple was paying $50 million in fees to Akamai, according to testimony from the VirnetX trial.

Apple eventually solved the problem by creating new peer-to-peer technology that would debut in iOS 7 in September 2013. But not all users upgraded and, seven months later, the lawsuit alleges that Apple intentionally broke FaceTime on iOS 6 and earlier to stop paying millions of dollars per month to Akamai.

Testimony from Apple's 2016 retrial with VirnetX indicated that, between April 2013 and September 2013 alone, Apple paid approximately $50 million as a result of FaceTime functioning in relay mode only on iOS 6 and earlier.

Updating to iOS 7 could be seen as the simple solution in this situation. But the plaintiffs owned an iPhone 4 and iPhone 4s, and cited internet articles that claim updating to iOS 7 significantly impairs the performance and functionality of those smartphones. Their complaint also cited Bluetooth and Wi-Fi issues.

In its now-denied motion to dismiss, one of Apple's arguments was that the plaintiffs have no right to uninterrupted, continuous, or error-free FaceTime service under the terms of its iOS Software License Agreement. Apple also said the plaintiffs didn't experience the iOS 7 issues mentioned on their own iPhones.

The class action lawsuit would apply to all iPhone 4 or iPhone 4s owners in the United States who, on April 16, 2014, had iOS 6 or an earlier version of the operating system installed on that device. The plaintiffs claim Apple's actions violate California's Unfair Competition Law and are seeking a jury trial.

Popular Stories

M5 MacBook Pro

Apple Announces New 14-Inch MacBook Pro With M5 Chip

Wednesday October 15, 2025 6:07 am PDT by
Apple today updated the 14-inch MacBook Pro base model with its new M5 chip, which is also available in updated iPad Pro and Vision Pro models. In addition, the base 14-inch MacBook Pro can now be configured with up to 4TB of storage on Apple's online store, whereas the previous model maxed out at 2TB. However, the maximum amount of unified RAM available for this model remains 32GB. Like...
Apple iPad Pro hero M5

Apple Debuts New iPad Pro With M5 Chip, Faster Charging, and More

Wednesday October 15, 2025 6:16 am PDT by
Apple today announced the next-generation iPad Pro, featuring the custom-designed M5, C1X, and N1 chips. The M5 chip has up to a 10-core CPU, with four performance cores and six efficiency cores. It features a next-generation GPU with Neural Accelerator in each core, allowing the new iPad Pro to deliver up to 3.5x the AI performance than the previous model, and a third-generation ray-tracing ...
apple oct 2024 mac tease

Apple Expected to Announce These Two to Three Products 'This Week'

Sunday October 12, 2025 7:05 am PDT by
Apple plans to announce new products "this week," according to Bloomberg's Mark Gurman. Apple's "Mac Your Calendars" teaser last October In his Power On newsletter today, Gurman said the products set to be updated this week include the iPad Pro, Vision Pro, and "likely" the base 14-inch MacBook Pro, with all three likely to receive a spec bump with Apple's next-generation M5 chip. Gurman...
maxresdefault

Here's Everything Apple Announced Today

Wednesday October 15, 2025 3:54 pm PDT by
We didn't get a second fall event this year, but Apple did unveil updated products with a series of press releases that went out today. The M5 chip made an appearance in new MacBook Pro, Vision Pro, and iPad Pro models. Subscribe to the MacRumors YouTube channel for more videos. We've rounded up our coverage and highlighted the main feature changes for each device below. MacBook Pro M5...
joz macbook tease

Apple Teases Upcoming M5 MacBook Pro Launch: 'Something Powerful is Coming'

Tuesday October 14, 2025 11:59 am PDT by
Apple marketing chief Greg Joswiak today teased the launch of an upcoming product, saying "something powerful is coming" on social media. Subscribe to the MacRumors YouTube channel for more videos. A short animation accompanying Joswiak's teaser reveals a brief glimpse of a MacBook Pro along with the words "coming soon." The shape of the MacBook Pro is a V, which is the Roman numeral...
airpods max 2024 colors

AirPods Max 2: Everything We Know So Far

Tuesday October 14, 2025 8:43 am PDT by
Apple's AirPods Max have now been available for almost five years, so what do we know about the second-generation version? According to Apple supply chain analyst Ming-Chi Kuo, the new AirPods Max will be lighter than the current ones, but exactly how much is as yet known. The current AirPods Max weigh 0.85 pounds (386.2 grams), excluding the charging case, making it one of the heavier...
Vision Pro M5 Announcement

Apple Updates Vision Pro With M5 Chip, Dual Knit Band, and 120Hz Support

Wednesday October 15, 2025 6:14 am PDT by
Apple today updated the Vision Pro headset with its next-generation M5 chip for faster performance, and a more comfortable Dual Knit Band. The M5 chip has a 10-core CPU, a 10-core GPU with Neural Accelerators, and a 16-core Neural Engine, and we have confirmed the Vision Pro still has 16GB of RAM. With the M5 chip, the Vision Pro offers faster performance and longer battery life compared...
HomePod mini and Apple TV

Apple's Next Rumored Products: New HomePod Mini, Apple TV, and More

Thursday October 16, 2025 9:13 am PDT by
Apple on Wednesday updated the 14-inch MacBook Pro, iPad Pro, and Vision Pro with its next-generation M5 chip, but previous rumors have indicated that the company still plans to announce at least a few additional products before the end of the year. The following Apple products have at one point been rumored to be updated in 2025, although it is unclear if the timeframe for any of them has...
macbook pro blue

Apple's M5 MacBook Pro Imminent: What to Expect

Tuesday October 14, 2025 4:35 pm PDT by
Apple is going to launch a new version of the MacBook Pro as soon as tomorrow, so we thought we'd go over what to expect from Apple's upcoming Mac. M5 Chip The MacBook Pro will be one of the first new devices to use the next-generation M5 chip, which will replace the M4 chip. The M5 is built on TSMC's more advanced 3-nanometer process, and it will bring speed and efficiency improvements. ...
MacBook Pro M5 Screen

New MacBook Pro Does Not Include a Charger in the Box in Europe

Wednesday October 15, 2025 6:59 am PDT by
The new 14-inch MacBook Pro with an M5 chip does not include a charger in the box in European countries, including the U.K., Ireland, Germany, Italy, France, Spain, the Netherlands, Norway, and others, according to Apple's online store. In the U.S. and all other countries outside of Europe, the new MacBook Pro comes with Apple's 70W USB-C Power Adapter, but European customers miss out....

Top Rated Comments

Wowereit Avatar
107 months ago
So people are suing over something they could've fixed themselves by upgrading, but because they felt like not doing so they want to get money from Apple?


Don't get me wrong, there have been legitimate law suits against Apple, but at this point it has become ridiculous. Apparently everybody wants a piece of the cake now.
Score: 24 Votes (Like | Disagree)
locoboi187 Avatar
107 months ago
I'm going to play devil's advocate here. If you buy a product with a feature advertised as working on a device with the sold firmware, you should expect it to work and not be disabled by the manufacturer.
Score: 17 Votes (Like | Disagree)
826317 Avatar
107 months ago
This is the most American thing I've seen all this year. Suing a large corporation because your outdated choice of iOS doesn't support an app anymore......How pathetic can it get..
Score: 16 Votes (Like | Disagree)
drewyboy Avatar
107 months ago
This has to be one of the few completely valid lawsuits against Apple. So many people defending Apple right off the bat simply don't understand that under an iOS6 update, Facetime functionality was REMOVED due to the cost of the relay. It was re-introduced with Apples peer-to-peer fix in iOS7, but having had an iPhone4, upgrading to iOS7 was a HUGE mistake. Made my phone pretty unusable and it didn't get any better with iOS7.1 but of course you can't downgrade at that point.

People need to stop and actually read the article not only here, but on other sites that give the full story to really gauge what's going on, but of course that's asking many people to do something that's hard for most, critical thinking.
Score: 14 Votes (Like | Disagree)
justperry Avatar
107 months ago
My conclusion...software patents shouldn't exist.
Score: 14 Votes (Like | Disagree)
Saipher Avatar
107 months ago


The lawsuit, however, alleges that Apple intentionally broke FaceTime, prioritizing its financial interests over its customers.

Come on, Apple would never do such a thing... /s
Score: 12 Votes (Like | Disagree)