Two lawsuits take aim at Apple, AT&T over iPhone MMS

Posted:
in iPhone edited January 2014
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 language 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."



The suit aims to find out if AT&T and Apple willingly concealed information from its customers so they did not know MMS capabilities weren't coming with iPhone OS 3.0. The suit alleges that the companies practiced in "deception, fraud, false pretense, false promise, misrepresentation and unfair practices."



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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Comments

  • Reply 1 of 96
    Wow, now you can sue for not delivering features fast enough. What a crazy world we live in.
  • Reply 2 of 96
    Quote:
    Originally Posted by kscottmyers View Post


    Wow, now you can sue for not delivering features fast enough. What a crazy world we live in.



    Well, you are paying for each month. You're not getting a discount even though they're not providing one of the advertised features.
  • Reply 3 of 96
    docno42docno42 Posts: 3,313member
    This country needs serious tort reform starting with "looser pays". That would stop frivolous crap like this dead in it's tracks.



    It would also solve the majority of our problems with our health care system without having to flush billions in yet another government bureaucracy....
  • Reply 4 of 96
    hill60hill60 Posts: 6,992member
    I can send evidence of the first MMS I sent on the day that Apple delivered the OS 3.0 update, just as Apple said it would.



    Does it matter that I'm in Australia?



    For this one the ball is squarely in AT&T's court.
  • Reply 5 of 96
    pmzpmz Posts: 3,433member
    Clearly people cannot read. "Coming Soon" must have some other legal definition that I'm not aware of.



    If these cases are not immediately thrown out, I'll have literally no remaining faith in the legal system of the U.S.
  • Reply 6 of 96
    macxpressmacxpress Posts: 4,935member
    Quote:
    Originally Posted by livings124 View Post


    Well, you are paying for each month. You're not getting a discount even though they're not providing one of the advertised features.



    You are not paying for an advertised feature. AT&T isn't charging you for MMS. Apple and AT&T has made it clear that MMS is currently not available on the iPhone in the US.



    I wasn't really aware you could sue to get a feature added on.



    I guess everyone here who wants a matte display should sue Apple to get a 13" MBP, or 24" iMac with a matte display then......
  • Reply 6 of 96
    vandilvandil Posts: 187member
    Marketing a feature and then not delivering is false advertisement.



    But how long did it take for Push to get implemented? 1 year?



    So Summer ends in late September. Let's see if MMS rolls out. If not, oh well, I'll still use their stupid "viewmymessage.com/1" page until they roll it out.
  • Reply 8 of 96
    macxpressmacxpress Posts: 4,935member
    Quote:
    Originally Posted by vandil View Post


    Marketing a feature and then not delivering is false advertisement.



    But how long did it take for Push to get implemented? 1 year?



    So Summer ends in late September. Let's see if MMS rolls out. If not, oh well, I'll still use their stupid "viewmymessage.com/1" page until they roll it out.



    When has Apple or AT&T marketed MMS other than saying its available in iPhone 3.0 OS, but NOT in the US?
  • Reply 9 of 96
    docno42docno42 Posts: 3,313member
    Quote:
    Originally Posted by livings124 View Post


    Well, you are paying for each month. You're not getting a discount even though they're not providing one of the advertised features.



    Except the feature, in the US anyway, is advertised as coming later, not available now.



    These are frivolous lawsuits plain and simple. The only reason they exist is because there is no risk to those that lodge them. They are gambling that the company will settle rather then take the case through trial and to resolution.



    The practice is disgusting, and what's even more disgusting is that most of our politicians are lawyers. They and their buddies benefit from this loophole and refuse to do anything about it. In the end we all pay for it in higher prices and goods and services - including health care.



    Hopefully one of these days the general public will stop arguing about democrat/republican or liberal/conservative and start focusing on the real issues.
  • Reply 10 of 96
    woodewoode Posts: 67member
    *takes off fanboy hat*



    Well, the point is that Apple and AT&T are selling the iPhone with MMS as a feature. Said feature is inoperative. Selling an item to consumers, claiming it will perform a certain way, when in actuality it won't, is illegal in the US. Sounds like a valid lawsuit to me, but IANAL.



    *puts on fanboy hat*



    Why the heck is AT&T dragging their feet on this? Apple has done it's part by providing the 3.0 update, though they should never use MMS as a selling point if the network won't support it because of the above. But WTF is AT&T's problem? Just freaking enable MMS -- there's no valid technical reason not to. (What, it'll cause high network load? I thought you guys had the best 3G network EVAR?)
  • Reply 11 of 96
    docno42docno42 Posts: 3,313member
    Quote:
    Originally Posted by macxpress View Post


    When has Apple or AT&T marketed MMS other than saying its available in iPhone 3.0 OS, but NOT in the US?



    I have never seen AT&T market MMS on the iPhone.



    Apple started telling people it wasn't available in the US starting with it's announcement and every since with that little * that people tend to ignore (but that's their problem, not Apple's).
  • Reply 12 of 96
    quadra 610quadra 610 Posts: 6,744member
    This is AT&T's problem.
  • Reply 13 of 96
    I don't recall every seeing an US advertisement stating that MMS was an option on an iPhone. Also, if people downloaded the 3.0 update and expected MMS, it is obvious they don't read easily available public information.
  • Reply 14 of 96
    crees!crees! Posts: 501member
    Quote:

    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.



    This person obviously wasn't aware of the scolding of AT&T by Apple at WWDC for not supporting MMS yet.
  • Reply 15 of 96
    eckingecking Posts: 1,588member
    What a dumb suit. I live in Canada and even I knew that the iphone wasn't going to have MMS in the USA until later AT&T because haven't worked it out yet. I think when OS 3.0 was announced and came out it was made more than clear that MMS wouldn't be there out of the box, even I knew that.
  • Reply 16 of 96
    alanskyalansky Posts: 235member
    "But mommy, you said I could have chocolate cake! You did! You did! I want chocolate cake right now!"
  • Reply 17 of 96
    It's really the issue, that the 3.0 preview in march touted MMS. And of course the let down during WWDC when AT&T was off the list. And off course it's a touted feature for the 3G S, although in lighter gray it does say "coming later this summer".



    The real issue here is, why do other phones on their (At&t) network support it, and they provide it, but now that the iPhone supports it they 'choose' not to provide it.



    I'm still waiting for the next revision (currently running 3G) and hoping for a new carrier to go to! At&t great customer service, but poor offerings...



    (Waiting to see the death star blow up)
  • Reply 18 of 96
    quadra 610quadra 610 Posts: 6,744member
    Quote:
    Originally Posted by Aldaris View Post


    It's really the issue, that the 3.0 preview in march touted MMS. And of course the let down during WWDC when AT&T was off the list. And off course it's a touted feature for the 3G S, although in lighter gray it does say "coming later this summer".



    The real issue here is, why do other phones on their (At&t) network support it, and they provide it, but now that the iPhone supports it they 'choose' not to provide it.



    I'm still waiting for the next revision (currently running 3G) and hoping for a new carrier to go to! At&t great customer service, but poor offerings...



    (Waiting to see the death star blow up)



    And this seems to be an AT&T-only issue.



    I mean, here in Canada, among the Eskimos and penguins and igloos (a popular perception), Rogers has a beautifully fast and relaible 3G network on which the iPhone runs, with full MMS, Visual Voicemail, FREE tethering . . . the works.



    Hell, MEXICO has MMS for the iPhone.
  • Reply 19 of 96
    neilmneilm Posts: 634member
    I'm going to sue the state of Indiana. My car can go 150 mph but the state won't allow that. Damn speed limits...
  • Reply 20 of 96
    Quote:
    Originally Posted by macxpress View Post


    You are not paying for an advertised feature. AT&T isn't charging you for MMS. Apple and AT&T has made it clear that MMS is currently not available on the iPhone in the US.



    I wasn't really aware you could sue to get a feature added on.



    I guess everyone here who wants a matte display should sue Apple to get a 13" MBP, or 24" iMac with a matte display then......



    And lets be fair here. Dont charge us for stuff we are not getting.

    A discount by ATT would have been in order, but noooooooooooo, they don't wanna loose a dime!!!. I don't care about ATT's infrastructure, if u are gonna charge me for a product DELIVER!!!

    Dumb consumers like u are the reason these corps. are running all over us..
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