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.