MMS lawsuits expand with Minnesota filing
updated 11:05 am EDT, Mon September 28, 2009
Blame directed at Apple, AT&T marketing
A lawsuit filed in a US District Court in Minneapolis has once again accused Apple and AT&T of failing to warn about MMS limitations, according to the Pioneer Press. Plaintiff Kyle Irving charges that both companies have breached contract, avoiding a duty to inform the public that MMS services would not be available in the summer. In particular Irving explains that on buying an iPhone in June, he was promised that the device would have MMS capabilities.
David Cialkowski, Irving's lawyer, is seeking unspecified damages. It is also hoped that the case will be joined with others in Louisiana and Ohio, forming a class action suit; Cialkowski cautions that even if the suit is won, individuals are likely to receive little compensation despite potentially significant cost to the corporations involved. The case may also have difficult legal ground to stand on, as Apple has made at least some public statements that MMS would be only be available in "late summer."
AT&T officially introduced iPhone MMS on September 25th.
Fresh-Faced Recruit
Joined: May 2005
Umm
This is why Lawyer's have ruined this country. There are some decent ones out there, but for the most part they are scums like David Cialkowski. Why? What is the purpose of suing? The members of the class action gain little, the company is punished and DC he gets lots of money. it is Lose-Win!
At some point this has to be addressed. Att and Apple were four days late (Summer officially ended on September 20th). MMS is in place and works fine for me in Philly. There is simply no reason anymore.
I was aware, quite plainly, that MMS was not available by AT&T until "Late Summer" as well as every purchaser of 3GS iPhone I spoke with.
My guess is this Dave guy needs a new Mercedes or some cocaine to snort up his nose