New lawsuits target Apple and AT&T over iPhone MMS system

RossMc

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Jun 28, 2009
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#1
Two new class-action lawsuits were filed this week over the lack of multimedia messaging capabilities on the iPhone, and the apparent inability of Apple and AT&T to provide the service to U.S. customers.



One complaint was filed in a U.S. District Court in the Southern District of Illinois on behalf of Tim Meeker and other unnamed complainants, while the other, in the Eastern District of Louisiana, is on behalf of Christopher Carbine, Ryan Casey, Lisa Mauer, and others unnamed. Both lawsuits include identical langauge to describe the lack of MMS on the iPhone.
“Apple advertised heavily that the new version of iPhone, the 3G, as well as the even newer version, the 3GS, would allow MMS,” the suits read. “Apple’s print and video advertisements in and on television, the Internet, radio, newspapers, and direct mailers all touted the availability of MMS.”
The attorneys in the New Orleans complaint are the Penton Law Firm, while representing the Illinois case is Rosenblum, Schwartz, Rogers, Glass, P.C. Both suits allege that the impact of the “controversy” is in excess of $5 million.
The complainants allege that they were mislead about MMS when they purchased their iPhones. The suits claim that both AT&T and Apple store representatives “misrepresented and/or concealed, suppressed, or omitted material facts as to the iPhone having MMS functionality.”
All of the individuals claim that they downloaded the 3.0 software upgrade for the iPhone expecting MMS functionality to be included with the update. When Apple unveiled iPhone OS 3.0 at this June’s WWDC conference, it noted that MMS capability was coming to AT&T later in the summer.
The Louisiana suit alleges that at least 10,000 individuals are to be included in their class-action suit, while the Illinois complaint states ten times that, suggesting the class will be composed of at least 100,000 people.
“Each plaintiff will be claiming damages for the 3G or 3GS iPhone he or she purchased,” the suit states. “A 3G iPhone was selling for anywhere between $100 and $500.”
Though this summer’s iPhone software update brought MMS capability to the iPhone, it is not yet offered to U.S. customers. Since stating that the feature would become available late this summer, neither company has provided any further information.
 
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MrEous

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Dec 11, 2008
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#2
Good...there was no reason whatsoever Apple shouldn't have included it in its original software. AT&T was told not to support it and that's where we are today.
 

iphonewarrior

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#3
More annoyance for our American counter-parts.

Make me wonder... why are you researching AT&T's MMS problems when your phone has fully working MMS already


(being british ;) )
 

RossMc

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#4
More annoyance for our American counter-parts.

Make me wonder... why are you researching AT&T's MMS problems when your phone has fully working MMS already


(being british ;) )
Was posted on Twitter so just thought I would pass it on lol

Seen as thought I have done that now I might send a MMS message :sneaky: Haha
 

RossMc

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#6
Makes a change the UK getting something early compared to the US :p
 

iphonewarrior

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#9
I say good! screw them, there is no reason it should be taking this long...
I agree.


I'd phone the police, the army, the fire service, I'd get everyone to mobilized and take AT&T on.
 
Jul 19, 2008
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#14
Sigh, I want MMS now.

Summer is over. Its now Fall. How hard is it to add MMS to the bloody phone system AT&T. Its on EVERY OTHER PHONE.
 

Terry M.

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Feb 27, 2009
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#15
I'm not a big proponent of most tort actions but this fiasco begs for something like this to get the attention of the parties that are being so arrogant and inept. I will be following this.
+1 You said a mouthful.
 

BrownGem

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#17
I am just wondering if they will charge extra for it just as they do text messaging. Talk about the ultimate slap in the face!
 

acosmichippo

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#18
I can see how people are frustrated, bu it IS still summer, and will continue to be until 9/21.
 

iphonewarrior

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#20
I've just sent an MMS to my mate. I worked perfectly. Just as it should do...