Minnesota man latest to sue Apple and AT&T over iPhone MMS

Apple Online Store “A Rosemount [MN] man has joined a list of people across the country who have filed breach of contract lawsuits against Apple Inc. and ATT for failing to tell them their new iPhones would be unable to send video and picture messages this summer,” Leslie Brooks Suzukamo and Julio Ojeda-Zapata report for The Pioneer Press.

“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.

45 Comments

  1. Does this guy have it in writing? Phil’s keynote speach contained information that mms would not be available till later in the summer. Furthermore, who exactly was it that told these morons that mms was immediately available in the firstplace?

  2. I’m still unable to send an MMS. Even after calling tech support twice they just tell me to be patient. Hasn’t been a huge inconvenience though so I’m not planning on suing anyone.

  3. wow 3 days late for MMS. Maybe I should sue my wife’s doctor for saying my son’s due date was June 15, and he popped out June 18. Where are my damage collection on that? What a DUMBASS. I guess when the economy is down everyone is looking to make a quick buck.

  4. ppl should understand what suckers and prawns they are. Yes prawns, at least a pawn has a little respect for itself ” width=”19″ height=”19″ alt=”smile” style=”border:0;” />. These lawyers will get thousands while the individuals will get $49 each, the dummies shoulda just called Apple directly, they probably woulda got a better deal without the middleman.

  5. @ Latin69

    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!!

  6. “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.”

    I’d like to see the proof for that claim!
    Considering that in these types of cases the evidence is less then a criminal case, you still need more then to say I was told something. I don’t any of them have a case and the only ones that will make any money is the Attorneys. I think the cases need to be forced into the local small claims court process as each person is likely to get a dollar or two. It removes the incentive for Attorneys from, how shall I say, shopping for clients for these types of cases to file, something that is now illegal under the laws of Arizona and is unethical according to the Arizona Bar. It falls into the same category of ambulance chasing.

  7. Several people at work have been asking me when they will be able to MMS with their iPhones (I’m the resident go-to Apple guy).

    I sent each one of them a text th moment it was posted on MDN that the update was available.

    Any guesses as to how many out of five people that were clamoring for MMS have actually downloaded and installed the update?

    None. That’s right, not one of them has even bothered yet.

    LOL

  8. People should recognize that corporations generally are more concerned with profit and public image than customer service and loyalty. People should also wait several months after new technology is released before purchasing. Invariably, the law of unexpected consequences comes into affect for first adopters.

    Why these people failed to appreciate ATT’s poor performance record is beyond me. Any enlightened and informed consumer would have been more suspect of ATT.

Reader Feedback

This site uses Akismet to reduce spam. Learn how your comment data is processed.