“A class action started in a Louisana district court alleging that Apple and AT&T touted the iPhone as supporting MMS (multimedia messaging service) but have not as yet provided the service,” Mike Magee reports for TG Daily.

“The plaintiffs allege that Apple ‘advertised heavily that the new version of iPhone, the 3G, as well as the even newer version the 3G-S would allow MMS. Apple’s print and video advertisements in and on television, the internet, the radio, newspapers and direct mailers all touted the availability of MMS.” AT&T advertised the same functionality, the filing says,” Magee reports. “But since the launch, in the USA, such functionality is not yet available.”

Magee reports, “Apple, says the filings, has revealed that AT&T has never upgraded its towers so as to support MMS functionality. ‘The only excuse offered by AT&T and Apple is a mouseprint disclaimer on the website, in barely readable font, which reads ‘MMS Support from AT&T coming in late summer.'”

Full article here.

MacDailyNews Take: iPhone is MMS-capable on carriers that can manage to provide the service, so Apple would seem to be in the clear. Now, as for AT&T, it depends on the what the definition of “coming” is (not to mention the definition of “late summer,” which could, conceivably — and probably, as this is AT&T we’re talking about after all — means the very last nanosecond of September 21st unless good old AT&T has already amended the fine print to read “MMS Support from AT&T coming in late Australian summer.” Don’t forget, legal eagles, that – whoopsie! – AT&T never actually specified the year, either. And, don’t hold your breath for the even more nebulously-defined debut of tethering, just be happy when you get to experience that rare iPhone call on the AT&T “network” in which both parties can hear each other.