Apple, AT&T hit with iPhone MMS lawsuits | iLounge News


Apple, AT&T hit with iPhone MMS lawsuits

Apple and its carrier partner AT&T have been hit with two separate yet identical class-action lawsuits over the iPhone’s current lack of MMS support in the U.S. Although filed by different groups in different U.S. District Courts—the Southern District of Illinois and the Eastern District of Louisiana—both suits use identical language, alleging that Apple heavily advertised both the iPhone 3G and 3GS as offering MMS, “in and on television, the Internet, radio, newspapers, and direct mailers.” The suits also claim that they downloaded the iPhone OS 3.0 update expecting MMS support to be included, despite a very clear statement from Apple Senior Vice President of iPhone Software Scott Forstall, who said during the company’s 2009 Keynote, “MMS requires carrier support as well. Twenty-nine of our carrier partners in 76 countries around the world will support MMS at the launch of iPhone OS 3.0. in the United States, AT&T will be ready to support MMS later this summer.” The Louisiana suit claims at least 10,000 individuals are to be included the complaint, while the Illinois suit claims at least 100,000; both are requesting individual plaintiff damages for the iPhone 3G or 3GS purchased, between $100 and $500 each.

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Where do I sign up!!!

Posted by Dave on August 14, 2009 at 11:44 AM (CDT)


Another example of the litigation generation!! i sympathise and understand the frustration of U.S. customers still not having MMS. But Apple did point the situation out (with much bad publicity at the time) in advance to the update being available. The obvious thing to say would be ‘boycott AT&T (for those not already owning an iphone)until they sort their act out’! i know it’s hard when we really want to have an iphone or to have the latest updates.
But then , half of me also thinks that it’s the only way to teach these big companies to respect their customers. So i guess, if you’re sueing to teach them a lesson or create some bad publicity which may force them to pull their socks up - Good.
But if you see it as a way for personal gain - maybe think of the bigger picture. I’m just so fed bup of all these injury hotline/accident compensation ads on tv. Vultures!

Posted by mysteriousnumberfive on August 14, 2009 at 12:05 PM (CDT)


So basically, the Apple suit has no merit since the iPhone does support MMS, and the AT&T suit might actually have legs, seeing as AT&T is the only barrier preventing MMS on iPhones in America.

Also, I don’t recall mention of MMS in any iPhone advertisements.  Does anybody have the text or transcription of a US Apple ad that specifically mentions MMS?

Posted by Andy S. on August 14, 2009 at 12:15 PM (CDT)


“...despite a very clear statement from Apple Senior Vice President of iPhone Software Scott Forstall, who said during the company’s 2009 Keynote, “MMS requires carrier support as well…”

And I’m sure *everyone* toting an iPhone saw that, and not simply the few of us that follow sites such as this and hang on Apple’s every word.

Posted by Malloon on August 14, 2009 at 12:17 PM (CDT)


@Andy S

At this moment the iPhone 3.0 Software Update page lists MMS as a feature, though it does include a number of disclaimers.

www apple com/ iphone/ softwareupdate/

Posted by Malloon on August 14, 2009 at 12:24 PM (CDT)


I guess the big question is how later this summer is AT&T going to roll this out considering it is now half way through August?

Posted by Gabe on August 14, 2009 at 12:34 PM (CDT)


This will be rapidly dismissed.  As quoted in the article, it was mentioned in the keynote when MMS would be available and why is would not be at release.

Posted by SimpleJack on August 14, 2009 at 12:37 PM (CDT)


I was thinking the same thing… Summer is over next month… Later this summer would be NOW.. sooo what’s the hold up??

Posted by mtpflyers on August 14, 2009 at 1:08 PM (CDT)


while I agree that the suit probably has no merit, since it was explained that MMS would not be available until later, we should in no way resist the opportunity to band together and loudly declare that ATT sucks!!!!

Posted by matt on August 14, 2009 at 2:13 PM (CDT)


I can see this as a ploy to “push” AT&T into finally rolling out this capability. Apple will be unfazed since they have delivered on their end of the bargain. The world now has an iPhone that can/will utilize MMS (as long as the carrier allows). That is what they have stated at every turn. AT&T on the other hand is losing face with every passing summer day. They knew this was coming well ahead of time. Apple did not show up launch day and say “by the way, we are advertising MMS!”. Technically they can wait until THE last day of summer to open MMS. But it will hurt them in the end. Soooo many people are drooling at the possibility of a Verizon iPhone next year. AT&T better step up and start wooing it’s iPhone customers to try and keep them when that bombshell drops!

Posted by Mitch on August 14, 2009 at 2:15 PM (CDT)


I will drop ATT like a bad habbit once the iPhone is available at VZ.  I dropped VZ ( I was under employee plan, my family member works there) for the iPhone.  I knew ATT couldn’t live up to the VZ’s sweetness but I wanted the iPhone so bad.  This unavailable MMS feature lies heavily on ATT’s part and furthermore putting a sour taste in my mouth with them.  I also believe that the iPhone would sky rocket even more once it’s available on other networks as well.  Now, it’s just the pain in the ass waiting game.

Posted by 8lias on August 14, 2009 at 2:48 PM (CDT)


Apple is safe from litigation. As others have rightly said, the keynote announcement is not enough, as a large majority of people don’t even know Apple had a keynote, let alone watched it. It’s very possible that many people went in and purchased their iPhone 3GSs having no prior knowledge that MMS wouldn’t be on it. Nevertheless, the culpability lies with AT&T, and Apple has taken every reasonable step to ensure it’s users would have the capability. They cannot control the carriers, and shouldn’t be expected to.

AT&T, however, is entirely culpable, as I said. But, unfortunately, will likely skate past these lawsuits untouched. While they *are* denying the feature, as far as I am aware they’ve never advertised that they’d give it to you. However, you might be able to make a case by perusing their contracts, specifically where messaging is concerned. iPhone users pay the same for text messages as any other user, but cannot use MMS like any other user. If there’s a suitable legal hook in their contracts, they could get hit for the difference in service cost vs. service provided.

Posted by Chris Pratt on August 14, 2009 at 4:55 PM (CDT)


I am also getting fed up with this mms waiting. I do understand that they said AT&T would have the mms up “later this summer”. However, as another user stated, “latter this summer is now”. So knock off the lammergeier excuses AT&T and deliver on your pormise. As for the $500 asking for comp that seems abit extream. We paid on average $400 for our devices and don’t need to be compinsated for our devices that do have the ablity to mms.

Posted by David on August 14, 2009 at 9:19 PM (CDT)


Stop all these non-sense. If ATT will not rollout the MMS for iPhone, then don’t buy iPhone. Americans, always SUE SUE SUE. WTF, shut up already and stop your whining!!!!

Posted by TooMuchToBare on August 14, 2009 at 9:23 PM (CDT)



There is business in suing, and business is blooming…take that you inglorious basterds.

Posted by 8lias on August 14, 2009 at 9:37 PM (CDT)



It wasnt spoken, but the iPhone commercials showed the process of sending a picture through MMS.

Therefore it is a form of false advertisement. Though AT&T is to blame. Its not the product that is unable to perform MMS, its the service provider unfortunately, we got stuck with AT&T who is way behind on their jobs. We as the public have known about this feature for MONTHS!!!! Which means AT&T has known about it even longer! Thus, they have no reason or excuse to not have the feature ready to be used on their service.

Theres my two cents.

Posted by Blake on August 15, 2009 at 12:02 AM (CDT)


I’m glad someone is finally doing something about this.  I pay 120.00 a month and can’t even get MMS.  People with the free phones laugh and point at me.

Posted by FatHead on August 15, 2009 at 11:51 PM (CDT)


I have an unlocked iPhone 2G on T-Mobile and MMS works like a charm without any special doing from T-Mobile.

Why is AT&T sandbagging the release when the iPhone supports regular MMS?

Posted by EdC on August 16, 2009 at 12:09 AM (CDT)


I’m beginning to think all of these problems are pointing to the same conclusion - that by signing on as provider for the iPhone, AT&T bit off much more than it could (or was willing to) chew.

How ridiculous is it that a $20 prepaid phone can do MMS, but the iPhone with its $199 down and 2-year/$80 per month plan cannot?

When the original iPhone was announced, Apple claimed they left out 3G because of the extra battery drain. Shortly thereafter, Apple turns around and releases a conventional iPod with the highest battery rating to date. Could the real reason have been that AT&T begged them to hold off on 3G because they knew that their data network couldn’t possibly keep up with demand?

When the iPhone finally did get 3G capability, there was an immediate flood of complaints about poor performance and spotty coverage. Coincidentally, rumors began pouring in alleging that the hardware - and not the network - was to blame. How convenient for AT&T!

In the past year or so we’ve seen one report after another pointing out that iPhones are responsible for an ever increasing share of smartphone data traffic.

Shortly after the original was announced, Verizon disclosed that they had turned down Apple’s offer to carry the iPhone. Could Verizon have feared that they lacked the infrastructure to support the demands of something as popular as the iPhone?

Let’s not forget how the carriers had managed to set up a very profitable business model that allowed them to nickel and dime us to death for every little text message, ringtone or KB of data we downloaded. And then along comes Apple, demanding things like unlimited data plans, allowing the consumer to directly transfer photos and media to/from the computer, etc.

If we look at how long it takes the big four carriers to expand coverage areas and upgrade their networks, is it too outlandish to assume that NO American wireless network is capable of supporting the iPhone?

Consider the fact that the iPhone 3G now sells for $99 and (along with the 3GS) is being offered for sale in AT&T stores which are located in some cases hundreds of miles from the nearest 3G coverage area. If AT&T is working on expanding 3G coverage then it only stands to reason that they are investing as little as possible to maintain or increase bandwidth of their old EDGE network. What effect do all these new $99 iPhones have on already overburdened EDGE networks?

Posted by Paul on August 16, 2009 at 1:15 AM (CDT)


i have been wondering why no one began litigation regarding this matter,i purchased my first iphone july,09 not realizing AT&T didn’t offer this,i left verizon thinking i was getting a better deal all around.

Posted by please include me on August 16, 2009 at 11:17 AM (CDT)

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