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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.




by MacNN Staff

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Comments

  1. dynsight

    Joined: Dec 1969

    +9

    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

  1. Parky

    Joined: Dec 1969

    +4

    Promised

    So this guy was promised MMS capability. by who?
    Can he not read? What damage can the guy have suffered?
    These people really need to get a grip.
    The US are really losing the plot with these stupid and damaging lawsuits.
    Stupid people do not equal lawsuits, even if you win, you are still stupid!

  1. Bearcat

    Joined: Dec 1969

    +4

    Dork

    At the WWDC keynote, Scott Forstall didn't even give a date for AT&T to enable MMS on the iPhone. He said "at a later date". Can't get much more public information that that! I swear these people just try and find anything they can to make money without doing any actual work. And then he actually found a lawyer that is more clueless than he is! Unbelievable!

  1. pmhacker

    Joined: Dec 1969

    +5

    DBags unite

    All this lawsuit will do is drive up the cost of the next iphone and subsequent data plans and voice plans. There is nothing else positive that can come out of this except doucebag involved in the suit may get a few bucks.

    Yikes, what has our society evolved into. Materialistic whiners. What will everyone complain about next once this suit is over.

    It's disgusting.

  1. byRyan

    Joined: Dec 1969

    +3

    really

    and really - what damages can you really claim. I can not think of a single instance where not being able to send a picture to somebody's phone, or receive a picture can correlate to actual damages.

    impatience for a trivial feature does not not equate to damages - there really need to be more punishment for trivial lawsuits.... Like if you sue for a million and lose, you owe a million - that should discourage this bull s***!

  1. testudo

    Joined: Dec 1969

    -7

    And...


    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!


    Um, the whole point is to punish the company. What should you do, go "Hey, sure, you guys were all over the place telling us about how the iPhone does MMS and then it turns out it doesn't do it. Don't worry about it."? (Oh, right, in your world, you'd be fine with that).

    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.

    So as long as it works 'at some time', there's no reason to go after those who post ads lying to the public? So we're all fine with MS promoting Windows as the most secure OS out there, right? I mean, some day it might become so!

    At the WWDC keynote, Scott Forstall didn't even give a date for AT&T to enable MMS on the iPhone. He said "at a later date". Can't get much more public information that that! I swear these people just try and find anything they can to make money without doing any actual work. And then he actually found a lawyer that is more clueless than he is! Unbelievable!


    Why do people just assume everyone reads and watches Apple keynotes? And how is it OK to say "Yeah, that won't be available for who knows how long" at said keynote, and then claim that they made it public, even though all they do is tell everyone it is there?

  1. Hellomrzebra415

    Joined: Dec 1969

    0

    How important can MMS be for this person?

    What a waste of time and money that will only drive up the price of iphones for other users. At&t did the correct thing and waited to upgraded their network before enabling MMS. I think i have used it twice since it started last week. Get a life Kyle Irving.

  1. Hellomrzebra415

    Joined: Dec 1969

    -2

    How important can MMS be for this person?

    What a waste of time and money that will only drive up the price of iphones for other users. At&t did the correct thing and waited to upgraded their network before enabling MMS. I think i have used it twice since it started last week. Get a life Kyle Irving.

  1. TheBum

    Joined: Dec 1969

    +1

    Legal fees

    If there ever were lawsuits that should be dismissed with prejudice (i.e. requiring the plaintiffs to pay the defendant's legal fees), these are the ones. I still say the best way to stop frivolous lawsuits is to require the plaintiff to pay the defendant the amount of the damages being sought by the plaintiff if the court rules the suit to be frivolous.

  1. rytc

    Joined: Dec 1969

    0

    AT&T

    Why waste your time defending them? Everyone else in the world has had MMS for at least 7 years and it's only just become available on AT&T? They deserved to be sued for taking so long.

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