updated 05:40 pm EST, Thu January 14, 2010
Plaintiffs claim false advertising, deception
Apple and AT&T have been targeted in yet another lawsuit over the initial lack of MMS support on the iPhone. The latest suit, which aims to establish class-action status, has been filed in New York City. As with the other disputes, frustrated customers claim Apple and AT&T mislead customers into believing MMS functionality would be added sometime in June to the iPhone 3G and 3GS.
The New York-based plaintiffs contend that Apple explicitly promised that MMS would be available with the iPhone 3.0 firmware upgrade. The lawyers claim that Apple and AT&T representatives failed to advise customers that their iPhones would only get MMS support following upgrades to the carrier's towers.
The case is being through as a class action proceeding, representing all New York residents who own an iPhone 3G or 3GS. The attorneys are seeking a jury trial and total damages of at least $50 million.
Similar class-action lawsuits have been filed in several other states such as Minnesota, Louisiana, Ohio, and Alabama.