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Apple, AT&T being sued for misleading MMS statements

updated 11:25 pm EDT, Thu August 27, 2009

MMS court filings

A dissatisfied iPhone user believes Apple and AT&T have violated laws against misleading trade practices surrounding the unsuccessful launch of MMS messaging. Deborah Carr filled a lawsuit against the two companies on Wednesday, referencing various Apple and AT&T support documents that discuss MMS messaging. The court filing acknowledges a disclaimer by Apple that states MMS messaging would not be available until the end of the summer, but suggests the disclaimer is written in an extremely small font that is nearly impossible to read.

The plaintiff has demanded $5,000,001,000, citing a breach of contract by both companies.

"Millions of customers, as a result of the false and deceptive representations and concealments of Apple and AT&T purchased the 3G and 3GS, waiting for the wonderful day in June 2009 when the new application would be available which would allow MMS," the filing states. "Unfortunately, after downloading the new 3.0 Software Update application, MMS still did not work on both the 3G and 3GS."

The disclaimer by Apple and AT&T suggests that "MMS support from AT&T will be available in late summer," giving the companies until September 22 -- the official start of fall -- to produce the service.




by MacNN Staff

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Comments

  1. rvhernandez

    Joined: Dec 1969

    +11

    Deborah Carr = Idiot

    Sorry, don't mean to be insulting, but really?

  1. jmonty12

    Joined: Dec 1969

    +4

    Only $5 billion?

    Why not $5 trillion? Or a billon trillion? Or a bazillion? Oh Please.

  1. Bobfozz

    Joined: Dec 1969

    +6

    Moron

    I can't believe the judge allowed this case in. He looks like a moron too. Probably filed in California or Texas.

  1. gikku

    Joined: Dec 1969

    +4

    boo

    AT&T - FAIL

    Comment buried. Show
  1. Karango

    Joined: Dec 1969

    -18

    Re Moron

    Sure, why should anyone ever sue anybody. If these companies want to make specious claims in order to exploit consumers, we should just suck it up and take it. My business OWNS 44 iPhones, ALL purchased with the expectation that Apple and AT&T would make good on their promises of features and support. Their failure to do so constitutes a breach, and the ONLY remedy for a breach is a lawsuit or a settlement.

    Only a moron would have difficulty grasping the necessity for this lawsuit.

  1. malax

    Joined: Dec 1969

    +5

    heh

    And only a moron would BUY 44 iPhones needing MMS features that were due later. Are they all just sitting on the shelf waiting for that wonderful day, completely useless until then? In that case, I can see why 5 billion 1 thousands dollars is reasonable.

  1. TiberiusMonkey

    Joined: Dec 1969

    +8

    er what?

    Maybe I'm in the wrong here, but I don't live in the US and even I knew that people in the US wouldn't have MMS on AT&T.

  1. sigzero

    Joined: Dec 1969

    +6

    Deborah Carr = Idiot

    I do mean to be insulting. Really.

  1. TheBum

    Joined: Dec 1969

    +3

    Breach of what contract?

    She states that she downloaded the 3.0 update, which means she was already under contract from AT

  1. Bensawsome

    Joined: Dec 1969

    +3

    Why...

    Whats up with the 5 billion 1000 dollars? did they really need the thousand dollars?! And why is it 5 BILLION! How the h*** can you get that much damages from that small a problem... The most it would put you back is probably 120 bucks a month... And that wouldn't put you back 5 billion dollars in your LIFETIME never mind the few months of them not having the MMS...

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