Apple is in a spot of trouble with the US courts because of its iMessage service. When users attempted to change phone, leaving Apple, their messages went into a black hole which the company has been deemed responsible for.
The reason texts are getting lost is that when a user has changed phone Apple continues to treat the old text messages as iMessages meaning they get lost rather than being delivered.
But anyone wishing to change away from Apple can do so by using a website that Apple has now introduced where they can enter their mobile number and opt out of iMessage. Simply visit the selfsolve.apple site, enter your phone number and a confirmation code that you'll receive and it's done. Easy.
According to GigaOM this is why California woman Adrienee Moore is suing the company. A judge has ruled that Apple can't throw out the case as it requested, suggesting the company illegally interfered with Moore's contract with her network.
If you thought turning off iMessage before changing phones would fix the problem, unfortunately that would be wrong. The problems have still been happening despite what should be an obvious fix according to Moore and other claimants.
The case is likely to result in Apple settling outside of court with the claimants. The company declined to comment on the issue.