If you wouldn’t mind casting your mind back to Wednesday, we learned that many former iPhone users who’d made the switch to an Android phone have been having problems receiving text messages from iPhones, if they got them at all. And now one consumer is taking that seemingly unaddressed issue all the way to a lawsuit seeking class-action status.

The plaintiff who filed suit in the U.S. District Court for the Northern District of California claims that Apple’s proprietary messaging system, iMessage, interfered with delivery of texts when she made the move to Android, just like we’ve been hearing from our readers.

In the complaint (via PatentlyApple.com), she alleges that Apple customers who replace their devices with non-Apple phones and tablets are “penalized and unable to obtain the full benefits of their wireless-service contracts.”

By interfering with the texts, Apple “tortiously[sic] interfered with the contract for cellular service between these putative class members and their cellular telephone carrier in that Apple’s actions prevented the subscribers from receiving all of their text messages, as they were entitled to obtain through their cellular wireless service contracts.”

It also claims that the Cupertino, Calif.-based company didn’t disclose that this would happen once a user switched from iOS.

We’ve reached out to Apple and will update you if we hear back.

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