“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.