“Kyle Irving’s lawsuit, filed in U.S. District Court in Minneapolis on Thursday, seeks to be joined together with lawsuits filed in Louisiana, Ohio and elsewhere into a class action representing all iPhone 3GS owners who signed up for ATT’s multimedia messaging services,” Suzukamo and Ojeda-Zapata report. “The amount of damages are unspecified. David Cialkowski, Irving’s attorney, said damages might be small for each defendant but large collectively for ATT and Apple.”
“Apple reported it sold more than 1 million of its newest iPhones on the first three days of its launch back in June. The company said ATT support for multimedia messaging would be available in ‘late summer,'” Suzukamo and Ojeda-Zapata report. “In his suit, Irving alleges he was told he would have multimedia messaging, or MMS, on his iPhone when he bought it in June in Apple Valley.”
Full article here.
Look man, because MMS was unavailable Paris Hilton couldn’t send out her latest “screwing a naughty boy video”. That is serious money loss to TMZ. That is anti-american…if it’s anti-american it is pro-communist.
Late summer? Summer ended, week later they finally released it.
Yes, if I pay for something and I don’t get it. I want my monies back damn it!
“David Cialkowski, Irving’s attorney, said damages might be small for each defendant but large collectively for himself and the other attorneys.”
Fixed it!
@Ray:
stop thinking in absolutes.
@ chabig – Ya beat me to it!
The wording in the story on MacNN makes this even more obvious: “Cialkowski cautions that even if the suit is won, individuals are likely to receive little compensation despite potentially significant cost to the corporations involved.”
Yeah, because all that money’s going to Cialkowski! Not much incentive for people to hop onto the bandwagon, if it’s really only going to benefit the lawyers involved.
BTW, the mockery of this lawsuit doesn’t necessarily whitewash Apple or AT&T. There are no heroes here – we all lose. The only winner will be whichever side of the lawsuit wins.
The customers (on whose behalf the lawsuit will oestensibly be fought) are merely incidental – as noted by the lawyers themselves, they will receive a mere pittance in damages, if anything at all.
@oyechico
I’ll join you with the class action lawsuit that also targets toilets. I want my toilet to flush consistently no matter how big the logs are coming out of my body. I’m tired of using the plunger and breaking it up to bits and pieces ( reminds me of a Zune ) to get it down the tube. So what if my logs are bigger than my arm!
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Here is the Pioneer Press website with the article with room for comment.
http://www.twincities.com/business/ci_13423149
Why would anyone want MMS? Isn’t that a last century technology?
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Summer ended on September 22. AT&T;rolled out MMS on September 25. Three freaking days late. I’ll sue ya!!!
One approach is to refuse to participate in bogus class action lawsuits. They enrich the lawyers while doing little or nothing for the class action participants – a useless coupon, perhaps.
There are good reasons for class action lawsuits. But the American legal system has managed to once again twist and corrupt the law in order to make more money.
AT&T;screwed up here. They advertised and promoted MMS coming by late summer which they missed technically by 3 days, although with an implication of additional days.
People signed up and chose a messaging plan with this in mind. I know I figured I’d probably used messaging more with MMS and chose I higher priced plan.
If I were to sue, I would claim loss in services worth $1.50. This of course isn’t worth pursuing, but collectively it adds up for the millions of AT&T;iPhone subscribers.
It wouldn’t be so bad if AT&T;had removed or corrected the ads earlier, but there were still instances of them well after they knew they wouldn’t meet their promised date.
Again, it’s only $1.50 and it’s only 3 days without the full promised service…and you have to wonder how many people have even upgraded yet, but “by late summer” certainly implies not the last day of summer, and AT&T;*should* do something to compensate for this…especially in light of everything else that users are frustrated about, and all the money they’re raking in.
With this in mind, I applaud the efforts of the lawsuits and hope that AT&T;does something about this for everyone.
And for all of the MMS bashers out there. Yes, there are good uses for MMS. For example, you can send your location via MMS, which can be very handy if you’re messaging someone to get together and don’t want to switch over to email (or email is down or whatever). Likewise, it’s nice to be able to MMS someone a picture of a menu and ask what they want or an object and ask if it’s the right one…as opposed to sending an email to someone who may go hours without checking email. Also, many people don’t have iPhones or phones that can check email, but they do have MMS capability. In short, MMS has its uses.
in this economy especially, anybody seeks to make money. even how much it would be important is not matter. but obviously they are all losers. what are you idiot? you will all die without MMS? remember this. iphone is not only smartphone in the market. if you don’t like a part of service, why don’t you change? it’s just fucking phone we are talking about.
There isn’t something more important to discuss about the iPhone? Like the fact that I can’t figure out how to make it a grow light for my hydroponics garden, which makes the best dope that is used by idiots who are whining about MMS?
Dick wasn’t wrong in Henry VI.
Shouldn’t that read “Minnesota man latest moron to sue Apple and AT&T;over iPhone MMS”?
ALL ANNOUNCEMENTS SUBJECT TO CHANGE!!!
as much as I would have liked to have had MMS in JUNE, these people have no ground to stand on. morons..
maclover wrote:
“the dummies shoulda just called Apple directly, they probably woulda got a better deal without the middleman.”
Actually, you’re absolutely right. During the whole Rogers iPhone debacle last year, I called to complain directly to Apple about it. I told them I was a shareholder and a long-time mac user and that Rogers’ plans were fleecing the consumer. I asked that they put pressure on Rogers to improve the iPhone rate plan.
Not only did they thank me for my input and apologized for the inconvenience, but they actually offered me an online coupon that saved me $125 on my 32G iPod touch. (The original coupon offer was save $125 on a purchase of $375 or greater.)
I didn’t have to complain much, and I was knocked off my feet that they would offer me such an incentive. It’s not like they didn’t already have a customer for life, but this certainly cemented it!
Apple’s customer support doesn’t hit such high levels because they hang up the phone on you!
I am totally Embarrased to be from MN. There are Apple stores in Rosemount and the MOA (Mall of America) which is in Bloomington, but not apple valley. There are, however ATT stores all over the place. Still, he’s a Retard.
<quote=HMCIV>”I had an entire business model based on iPhone MMS capability and AT&T;’s two day postponement killed my launch party causing me thousands. I deserve restitution!
Oh and I’m suing YOU for telling everyone here what my business strategy was in your second sentence!!”</quote>
Moron, you deserve the loss for not doing your research
quote: DT=Users began receiving the update when they synced their phones with iTunes on Friday. The update wasn’t without its problems — most of which appear to be software/firmware related. Some users found that their attempts to send MMS failed. Apple and AT&T;suggested users first try to reset their networks settings. A more extreme fix involves selecting your iPhone’s settings in iTunes and choosing “General > Reset All Settings > enter your pin if prompted”. That fix appears to get MMS working, but you may have to reenter your Passcode, Wi-Fi passwords. You may also lose your VPN connections and remembered Wi-Fi networks. A perk, though, is that your apps are arranged alphabetically, something previously not easily done.”