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http://www.macnn.com/articles/10/01/14/plaintiffs.claim.false.advertising.deception/

Another lawsuit targets Apple and AT&T for MMS

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.


by MacNN Staff

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TAGS :

 iPhone, industry, lawsuit, New York, MMS, New York City, AT&T, Apple
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Comments

  1. charlituna

    Fresh-Faced Recruit

    Joined: Sep 2009

    +3

    lawsuit fail

    if you check out the press release from June 2009 it is clear that at that time MMS was not supported by ATT. Apple made a point of saying so. and they gave no date for when ATT was going to add support.

  1. msuper69

    Mac Elite

    Joined: Jan 2000

    +3

    WTF is this supposed to mean?

    'The case is being through as a class action proceeding..."

  1. Feynman

    Forum Regular

    Joined: Aug 2006

    +4

    Lame!

    "The attorneys are seeking a jury trial and total damages of at least $50 million." What exactly were the damages of not being able to send out MMS? Did Apple or AT&T put a gun to their head telling them that they are not allowed to use a different phone to send out MMS? What garbage.

  1. Cory Bauer

    Dedicated MacNNer

    Joined: Jun 2001

    +2

    comment title

    Bloodsucking lawyers. MMS was a couple months late; I hardly think that means someone deserves $50 million.

  1. Triath.lon

    Fresh-Faced Recruit

    Joined: Sep 2007

    +3

    lawyers

    And we wonder why people hate lawyers... it's because of ambulance chasers like these, who are trying to get money out of a good company for no reason what so ever.

  1. Arty50

    Mac Elite

    Joined: May 2000

    -4

    While they're at it...

    Where the #@%# is tethering? Real soon now my arse.

  1. lowededwookie

    Fresh-Faced Recruit

    Joined: Apr 2008

    +3

    Case is wrong

    Sorry but MMS WAS in the 3.0 upgrade and therefore Apple needs to be exempt from this stupid lawsuit.

    Tethering is in the 3.0 upgrade as well.

    I've been using both since they were released. Of course I'm in New Zealand where we don't have those stupid restrictions... just crappy dataplans.

    AT&T are the only ones that can be held responsible NOT Apple.

  1. testudo

    Forum Regular

    Joined: Aug 2001

    -2

    Re: lawsuit fail

    if you check out the press release from June 2009 it is clear that at that time MMS was not supported by ATT. Apple made a point of saying so. and they gave no date for when ATT was going to add support.

    But their advertising wasn't making that clear. You can't just use a press release as your fallback "we said here it wasn't going to be available!" excuse.

    If you could, then every company out there would just put out a press release (that no one reads) saying all the bad things about their product, then just lie through their teeth in the advertising.

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