AT&T’s lack of communication and progress is about to cause Apple some new headaches. According to AppleInsider, two new class-action lawsuits have been filed this week against Apple and AT&T over the lack of MMS capabilities on the iPhone.
The two class-action lawsuits, one of which was filed in Illinois and the other in Louisiana, include identical language to describe the lack of MMS on the iPhone.
“Apple advertised heavily that the new version of iPhone, the 3G, as well as the even newer version, the 3GS, would allow MMS,” the suits read. “Apple’s print and video advertisements in and on television, the Internet, radio, newspapers, and direct mailers all touted the availability of MMS.”
The complainants allege that they were mislead about MMS when they initially purchased their iPhones.
The suits claim that both AT&T and Apple store representatives “misrepresented and/or concealed, suppressed, or omitted material facts as to the iPhone having MMS functionality.”
Apparently the individuals involved in the suit claim that they expected MMS to be available immediately after they downloaded the new iPhone OS 3.0 software even though Apple noted that MMS would be coming to AT&T “later in the summer.” The suits claim that both AT&T and Apple practiced in ”deception, fraud, false pretense, false promise, misrepresentation and unfair practices” because they willingly concealed this information from their customers.
The Louisiana suit will be composed of at least 10,000 individuals, while the Illinois suit claims to be composed of at least 100,000.
It’s understandable that people are upset over the lack of MMS. I think the “later this summer” window is about to pass (or has passed?), and not so surprisingly without a peep from AT&T. Do any of you feel deceived by Apple and AT&T over the lack of MMS? Or is it something you expected to happen from the very beginning?
Of course MMS should have been available from the get go! This is AT&T just not wanting to deliver on services they are ALREADY BEING PAID TO DELIVER!! Apple has gone along with the rip off and while not directly to blame -has made this theft by AT&T possible…
If MMS is not fully operational to all iPhone 3G and 3GS customers with SMS plans by 11:59P.M. Eastern on September 21st, I would say AT&T deserves some words but until than it is technically summer for the U.S.
I ( iPhone 3GS customer with SMS ) am bummed that it’s taking AT&T that long to get MMS efficiently working for iPhone customers but both Apple / AT&T did make it clear in several cases. A few off hand…
“Q. Will AT&T offer MMS and tethering?
A. Later this summer, as part of the 3.0 software, AT&T will make multimedia messaging (MMS) available at no extra cost to customers with a text messaging bundle. And, in the future, AT&T will offer tethering capability for iPhone 3GS and iPhone 3G.”
…From http://www.wireless.att.com/learn/internet/iphone-faq.jsp?source=IC98K1ipc00jtlFQ which is linked to from http://www.att.com/iphone and http://www.wireless.att.com/iphone
http://www.youtube.com/watch?v=oA8HQlPi2vU
“*MMS support from AT&T coming in late summer. MMS is not supported on first-generation iPhone.”
…From http://www.apple.com/iphone/iphone-3gs/messages.html
Granted… Those complaining aren’t likely to be reading this post (
).
I can also tell you from personal experience from standing in line on launch day that my local AT&T store employees were very open to answering any questions and giving out flyers and brochures with lots of information ( including pricing, features, and things like MMS availability ). I don’t see how it is AT&T’s, Apple’s or any other company’s responsibility to try and explain everything they think you would want to know. It’s called asking and confirming.
Perfectly stated ^
Although MMS is taking way longer than I expected it to, this is not worthy of a lawsuit. Everyone has a right to their own opinion, but these frivolous lawsuits are getting out of hand. Actually, they have been out of hand for a long time now.
Apple made it clear that it was not coming until later in the summer but that is after an AT&T employee made it clear to me that I would get MMS in May or June at the LATEST. I repeat he said JUNE AT THE LATEST, not august and I was told this back in February way before anyone had spoken up about it not being available until the end of summer. So it serves them right to be sued they did lie maybe not to everyone but they definitely did to me so I am not surprised if they lied to others as well.
Not really Apple’s fault. MMS was available with the release of OS 3.0. You just had to live in another country. I’m in Canada and it worked right from the start as promised. It’s really only AT&T who should be blamed for it not being available back in June. BTW it works really well
Give me a break. This is just a bunch of greedy lawyers working it. Even though it is seriously annoying that MMS is not available by AT&T, neither company has “misrepresented and/or concealed, suppressed, or omitted material facts as to the iPhone having MMS functionality.” It’s easy to get people to sign a piece of paper (or send an e-mail / sign an on-line petition) to get a “class action” going.
I’ve been through this argument way too many times but you are absolutely correct. Class actions are just dumb. Lawyers typically pocket $100,000s – 1,000,000s while the consumers that are SUPPOSEDLY fighting for the RIGHT thing get $10 – 20… If anything. Apple and AT&T need to pay court / attorney fees which therefore is an expense they need to make up ( resist lowering product / service prices in the future ).
Why is everyone getting so hung about about lack of MMS? it is so 20th century, old handset messaging – SMS is just about tolerable.
Anyway, OS3.0 includes MMS, AT&T forgot to switch it on; plus watch the keynote again and it does not state MMS would be available immediately everywhere. Hardly Apple’s fault. Question is, do all the other handsets available on AT&T’s network offer MMS? if so why not also sue them, or is it just fashionable to sue Apple.
Law firms get a lot more for suing companies like Apple and a lot of free press.
When I went in and purchased my iphone I was really hesitant to do so because of the lack of MMS capabilities. I was leaning more to an HTC device before talking to an AT&T employee who assured me that I would have the MMS capabilities at the end of May or June at the latest it is now August and there is still no word on when exactly we will get it. If there was a lawsuit in Ohio I would definitely be there with everyone else for suing as someone pointed out above I am paying for a service I was promised and still do not have I want AT&T to pay for misleading there customers and I personally would like a refund at the very least for being lied to. It is not Apple’s fault for not having MMS capabilities there side of MMS is ready its AT&T who is holding things up. Apple does however need to up the pressure on AT&T to provide the MMS as they will being losing customers as well if this issue is not resolved.
See my first comment of this article.
You have not been lied to.. Yet. AT&T has always claimed “late summer” or “later this summer.” Autumn begins and, therefore, summer officially ends September 22. 12:00A.M. September 22nd would be the very technical deadline.
You can have a ‘beef’ with the employee or even the manager of the store that told you this supposed date but I’m betting you’re a bit mistaken in your misplaced anger. The iPhone 3GS and 3.0 software weren’t even available in May and by June would seem unlikely as 3.0 and the 3GS were only available in mid-June. Late July or even late this month were hopes of some but that so far hasn’t happened. The employee likely didn’t promise anything but rather said that he expected it by such time. Expecting and promising are two very different things.
I´m spanish and we have MMS (we call it SMS) and tethering (compartir internet – internet sharing) from the first 3.0 uptade. So this is not about Apple.
Tethering is an amazing solution when you don´t have access to any wi-fi network and you need to work with your ibook and not with your iPhone.
Having email, twitter, etc… MMS is not a great thing. But is part of the 3.0 and of course must be abailable for all the iphone users.
Where is the website to get in on this lawsuit. I’m so tired of having to explain to people why they can’t send me MMS. I hope that this suit will cause AT&T to wake up and get this going. As soon as another carrier gets the iPhone I’ll pay my cancellation fee and finally be done with AT&Ts BS.
I tell you what I want more than MMS: decent cell coverage! I live in San Francisco — just 40 minutes away from Apple Central in Cupertino, and I can’t use my iPhone in my own house in the center of the city. I get great 3G reception at my desk at work, but if I walk down the hall to a colleague’s office, there’s nothing, not even Edge. And I work in the Civic Center. Today at lunch I was trying to read blogs and my reception went from four bars of 3G to 1 tiny dot of Edge, to nothing, back up to full 3G. All without me moving an inch.
AT&T has a LOT of work to do to get to the point where it’s a worthy carrier for such a well designed, well engineered phone.
Oh, and yeah, it would be nice if they’d enable MMS on the iPhone; they enable it on a ton of other phones they offer, so why not the iPhone?
Grr.
AT&T jus plain sucks…tethering and MMS have been available for a long time…and guess what…to the jailbreakera…why are we doing things legit I wonder. How many good apps and things are going to be available for the people not paying for their apps at all, while we continue to pay for everything and get nothing.
There is no question it’s all on AT&T.
And for the rediculous price ofthe damn data plan and texting they should be fined for charging so much for a $hitty service.
Why do tmobile and other carriers charge so much less for the samee features????
And don’t get me started about the freaking upgrade BS!!
Where the hell is flash ….. Forget SMS mms. Or nla bla bla. We need FLASH. Lol
at&t is SOOOOOOOO full of shit its not even funny. i mean they are absolutely terrible the way they are jerking us around. MMS? REALLY? MMS! aren’t they embarrassed?!
file a comlaint with the FCC! i have paid for mms for many years in a bundle package ans AT&T keeps charging internet fees for MMS. RIP OFF! It’s not my fault they misrepresented themselves! AT&T are liars and thieves.. and … THEY GET AWAY WITH IT.. Sue those porkers!