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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

(19)

TAGS :

iPhone, industry, AT&T, Apple

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rvhernandez
Fresh-Faced Recruit

Joined: Apr 2005

+11

08/27, 11:42pm | report spam | (1 reply) close Reply |
Deborah Carr = Idiot

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

jmonty12
Fresh-Faced Recruit

Joined: Jun 2003

+4

08/28, 12:38am | report spam | close Reply |
Only $5 billion?

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

Bobfozz
Fresh-Faced Recruit

Joined: Jul 2008

+6

08/28, 01:16am | report spam | close Reply |
Moron

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

gikku
Fresh-Faced Recruit

Joined: Jul 2006

+4

08/28, 01:27am | report spam | close Reply |
boo

AT&T - FAIL

Comment buried. Show

Karango
Fresh-Faced Recruit

Joined: Apr 2008

-18

08/28, 02:36am | report spam | close Reply |
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.

malax
Fresh-Faced Recruit

Joined: Aug 2006

+5

08/28, 03:07am | report spam | close Reply |
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.

TiberiusMonkey
Fresh-Faced Recruit

Joined: Jul 2008

+8

08/28, 05:51am | report spam | close Reply |
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.

sigzero
Fresh-Faced Recruit

Joined: Nov 2006

+6

08/28, 06:06am | report spam | close Reply |
Deborah Carr = Idiot

I do mean to be insulting. Really.

TheBum
Mac Enthusiast

Joined: Sep 2001

+3

08/28, 08:31am | report spam | close Reply |
Breach of what contract?

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

Bensawsome
Fresh-Faced Recruit

Joined: Aug 2009

+3

08/28, 09:24am | report spam | (1 reply) close Reply |
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...

Bensawsome
Fresh-Faced Recruit

Joined: Aug 2009

-1

08/28, 09:25am | report spam | close Reply |
Why...

Why is it 5 BILLION! How 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...

addisonx
Fresh-Faced Recruit

Joined: Nov 2002

+1

08/28, 10:25am | report spam | close Reply |
all costumers?

I would guess the 5 billion, 1 thousand would be distributed among all US costumers. This lawsuit could be good for all of us!

wingdo
Senior User

Joined: Apr 2001

+1

08/28, 11:18am | report spam | close Reply |
Lawyers

The reason it is 5 Billion 1 Thousand dollars is that when all is said and done, those "affected" by this would get $1,000 split among themselves, and the rest will go to the lawyers.

This is yet another stupid case hitting the overbooked courts.

Jonathan-Tanya
Fresh-Faced Recruit

Joined: Oct 2004

-5

08/28, 11:23am | report spam | (1 reply) close Reply |
duh

Advertising works. People who may not have wanted an iPhone, more people bought the iPhone because of advertising.

If that wasn't true, then Apple is real foolish for spending millions on advertising.

Admit that it works.

Thats step one.

Step two, admit that Apple advertised MMS.

Admit that the promised MMS feature was the reason some people bought the iPhone.

Lastly, admit that the promised feature didn't materialized in the time frame that was suggested by the advertisement.

Fine print is not advertising. I'm talking about the advertising, not the fine print.

What was displayed prominantly and any person with common sense understood to be the truth, based on what Apple said loudly and clearly?

Apple, like all companies, has to due business honestly or get sued.

Like most companies, they find its most profitable to walk the line... lose the occasional lawsuit, reap the millions in extra sales, by walking close to the line.

Thats their choice, no point in getting excited about it. Apple should lose this case. It won't be for $5 billion. It will be for some amount where they can still reason they made a lot more for the false advertising then they ever lost in the case...then everyone is happy.

byRyan
Fresh-Faced Recruit

Joined: Jun 2007

+1

08/28, 12:05pm | report spam | close Reply |
fools

I can't think of a single business that would REQUIRE MMS messages to be sent, and if you have all these iPhones, couldn't you just email photos to each other??

That being said, having MMS would be nice. AT&T has it on all their other phones, and the iPhone can do it on all other carriers, so I really can't imagine what AT&Ts problem is... but thats just me!

I'm going to be annoyed by it, but not sue over it.

TheSnarkmeister
Fresh-Faced Recruit

Joined: Jun 2007

-3

08/28, 03:03pm | report spam | close Reply |
Don't weep for corps.

Corporations routinely pull stunts like this, figuring that the average consumer doesn't have the deep pockets necessary to launch a private law suit. We need people like this women to keep market places honest. Further, Apple pulled a similar stunt with marketing the AirDisk feature of upgraded Airport Extremes as being compatible with TimeMachine, which they then crippled when they brought Leopard to market in order to sell their own product (Time Capsule) with the same feature and technology. That's classic bait and switch behavior and if we had Justice Department that protected the public instead of corporations Apple would have been fined heavily for it.

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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

Deborah Carr = Idiot

Only $5 billion?

Moron

boo

Re Moron

heh

er what?

Deborah Carr = Idiot

Breach of what contract?

Why...

Why...

all costumers?

Lawyers

duh

fools

Don't weep for corps.

Login Here

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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

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Recent Articles

Deborah Carr = Idiot

Only $5 billion?

Moron

boo

Re Moron

heh

er what?

Deborah Carr = Idiot

Breach of what contract?

Why...

Why...

all costumers?

Lawyers

duh

fools

Don't weep for corps.

Login Here

Register for our weekly email newsletter:

Connect tools:

Subscribe

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10 Most Read

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