AT&T and Apple sued over ‘misleading’ MMS marketing

“Apple and AT&T are facing another class-action lawsuit claiming the two companies falsely represented the iPhone’s ability to support MMS messaging,” Michelle Megna reports for InternetNews. “Multimedia Message Service is a standard way to transmit graphics, video clips, audio files and short text messages over wireless networks.”

“The suit, filed this week in an Ohio district court, alleges that the two companies were deceptive in promoting MMS as a feature on the iPhone 3GS,” Megna reports.

“Apple launched the iPhone 3GS on June 16, with MMS as one of the new features that was not included in the older 3G model. Upon the release of the updated iPhone operating system, version 3.0, which came out June 17, both models were supposed to be able to send and receive MMS content,” Megna reports. “But AT&T, the exclusive U.S. carrier for the iPhone, said it doesn’t currently support MMS, though it aims to do so ‘by the end of summer.'”

MacDailyNews Note: As has Apple, who have stated since the debut of iPhone 3GS: “MMS support from AT&T coming in late summer. MMS is not supported on first-generation iPhone.

Megna reports, “The new lawsuit follows a similar class-action proceeding recently filed in Louisiana over the MMS issue. The Ohio suit claims AT&T and Apple misrepresented the iPhone MMS feature ability, charging the two companies with a breach of contract and violations of the Ohio Consumer Sales Practices Act and the Deceptive Trade Practices Act.”

Megna reports, “”Millions of customers, as a result of the false and deceptive representations and concealments of Apple and AT&T, purchased the 3G and 3GS, waiting for the wonderful day in June 2009 when the new application would be available which would allow MMS. Unfortunately, after downloading the new 3.0 Software Update application, MMS still did not work on both the 3G and 3GS,” the lawsuit alleges.”

Full article here.

MacDailyNews Take: Besides eyeglasses and basic literacy, what these idiot plaintiffs and their shyster ambulance chasers need are calendars and the ability to use them. The judges involved in Louisiana and Ohio ought to fine these fools for wasting their courts’ time. Case closed.



    Americans. A pussy nation that goes crying to their lawyer for a diaper change..

  2. No one purchased an iPhone 3GS inJune and waited to download iPhone 3.0. The 3GS came with iPhone 3.0 on it.

    No one purchased an iPhone 3G for MMS capability because it was never offerred.

    No one should hire these attorneys because their lawsuit is fatally flawed.

  3. Honestly, mms would be nice. AT&T;really is dropping the ball. Again.

    However, I generally find myself sending emails of any pictures I take. Or uploading them to flickr. Or facebook. Or Twitter. So…..I don’t really miss it.

    Still text message a lot though

  4. These case will all be dismissed before the first hearing.
    and the plaintiffs will be stuck with the legal bills to prove it. AT&T;and Apple don’t use cheap attorneys either.

  5. Yet another reason the US should consider a system of “loser pays” for such civil lawsuits. The prospect of paying Apple’s legal bills over such frivolous lawsuits might cause them to think twice before filing.

  6. Technically, an “unlimited data plan” means data without limits. As such, MMS should be part of an “unlimited” data plan. The data plan, therefore, is “limited.” That, my friends, is a lawsuit.

  7. AT&T;already has a problem where less than 10% of it’s subscriber population is responsible for more than 1/2 the web traffic on it’s network. They are according to other posts upgrading the network speed in major markets. So let’s encourage them to invite more derision on themselves by opening the flood gates for more data traffic so they can completely choke off whatever network stability they have gained at their current speeds. I read constant complaints on this site about sluggish text messages and voice mails coming days if not hours late at times. Even if this upgrade is a month late I think it will be worth it for those who have patience.

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