AT&T, Apple sued over lack of iPhone MMS even though AT&T offers iPhone MMS

MacMall 96 Hour Apple Sale“Apple Inc., the most profitable handset vendor, and the wireless unit of AT&T Inc. were sued by a customer [plaintiff, Francis Monticelli of New York] and accused of misleading buyers of iPhones,” David Glovin and Amy Thomson report for Bloomberg News.

“Apple, based in Cupertino, California, and AT&T, the second-largest U.S. mobile-telephone company, misled consumers when they said the iPhone would have ‘multimedia messaging service’ capability, the customer said today in a proposed class-action complaint in U.S. District Court in New York. The feature allows users to send pictures to each others’ phones,” Glovin and Thomson report. “‘MMS functionality was one of the reasons people chose to buy or upgrade’ to an iPhone, and it has become ‘clear that AT&T’s network does not support MMS,’ according to the complaint.”

“‘When and if AT&T upgrades its network, the millions of iPhone purchasers will get what they bargained for in terms of MMS,’ according to the complaint,” Glovin and Thomson report. “‘In the meantime, all the millions of purchasers of the 3G and 3GS iPhones have been deceived and cheated out of what they thought they were purchasing — a cell phone with MMS functionality.”‘

Glovin and Thomson report, “Mark Siegel, an AT&T spokesman, said the company does offer the messaging feature. ‘The plain fact is we’re offering MMS for the iPhone 3G,’ he said in an interview.”

MacDailyNews Note: Apple iPhone 3G and 3GS using AT&T Mobility in the U.S. have had MMS capability for months now.

Full article here.

The court filing for Monticelli v. Apple, 09-cv-9505, U.S. District Court, Southern District of New York (Manhattan) is here.

MacDailyNews Take: The judge ought to make an example of these frivolous idiots — the plaintiff and his ambulance chasers — by fining them until it hurts.


  1. I agree that this is stupid as a lawsuit, however, I received 3 photo texts yesterday, each time was sent to the ridiculous old system — a link to an ATT site with stupid user name & pw.

    Is there something I have to do to enable this feature?? To me, it doesn’t work… though I’m not quite prepared to sue.

    ATT’s dropped/failed calls, however — that’s a class action I’d sign up for!

  2. Apple didn’t wanted to enable MMS on the iPhone because the mail application does that and a lot more than that. But since there is so much people that are stuck to crappy phones and so many iphone owners has friends and family with crappy phones, they (apple) had to go way back to the past and implement that on the iPhone. I was particular concern in the beginning that my friends can not send me email with pictures, videos and some other files because they “smart phones” weren’t smart enough to send a email easily and if I sent something to them, most of the files they can’t see it (even crapberries). Also, some countries over charge data usage so it is very difficult to keep with apple, so apple had to go back for us 🙁

  3. “if my wifes 4 year old crappy motorola phone can do MMS then my iPhone sure as hell can.”

    Very good point. My Nokia is somewhat more modern and less crappy but it does this stuff as standard. Why wouldn’t it?

    I’m led to believe that texting is much less popular in the US than here in the UK, where it’s massive. My kids would go nuts if they couldn’t swap pictures of pop idols, boyfriends and each other on their cheapo phones.

  4. Why is apple being sued for something that is telco related?? The guy suing and his lawyer clearly don’t know anything. The iPhone 3G and 3Gs can do mms. How do I know? Well I have the 3G up here in Canada and I can do mms. In Canada!! How can it not work in the USA?? Regardless why not the point is that the device can it’s all about who provides the service thru network.
    I think these are retards trying to tarnish apple by bad publicity. Why? Maybe they’re unemployed or their

  5. @CS
    you will have to contact ATT tech support to reset your network. Restarting your network via the iPhone does work. It has to be manually restarted. This was the only solution ATT gave me because it happened to my 3G.

  6. @ CS

    MMS will not work on a 1st Gen iPhone. If you have a 3G or a 3GS, maybe you need to update your software? It works great on these devices.

    Well, it works great when you have a signal at least. Which I rarely do in the Colorado mountains. That’s my problem though. Can’t expect ATT to provide service to an area that has 4 homes per mile.

  7. Why is a handset vendor responsible for a network operator’s shortcomings? The iPhone IS CAPABLE of MMS, but that doesn’t mean it will have the ability to use that functionality. Why don’t we just sue all of the computer manufacturers because ISPs can’t keep up with our bandwidth demands?

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