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Apple, AT&T Hit with MMS Lawsuits
Monday, August 17th, 2009 at 8:47 AM - by Jeff Gamet
Apple and AT&T are on the wrong end of two class action lawsuits over the current lack of MMS support for the iPhone 3G and iPhone 3GS. iPhone OS 3.0 includes support for MMS, but so far AT&T hasn't enabled the feature and apparently at least some iPhone owners feel that they've been misled.
MMS is a feature that lets cell phone users send each other pictures, video and audio files in the same way that they send text messages to each other.
The class action suits were filed in U.S. District Court in Eastern Louisiana and Southern Illinois. Both claim that Apple advertised MMS support for the iPhone 3G and 3GS, and that Apple and AT&T misled customers by failing to warn them about the still missing feature.
The case filing said, in part, that Apple and AT&T "misrepresented and/or concealed, suppressed, or omitted material facts as to the iPhone having MMS functionality."
Despite the claims, Apple representatives were very clear during the company's World Wide Developer Conference keynote presentation in June when they stated that iPhone OS 3.0 supports MMS, but that AT&T wasn't going to enable the feature until some time this summer. While MMS for the iPhone isn't active in the U.S., it is in other countries, potentially making it a bit of a legal stretch to say that Apple misled customers.
AT&T, however, still hasn't offered a firm launch date for iPhone MMS support.
The lawsuits fail to mention tethering, or using your iPhone as a modem for your computer, which was also touted as a new feature but still hasn't been activated by AT&T. Like MMS, there isn't any information coming out of AT&T letting subscribers know when they can expect tethering will be available.
According to the filings, Apple and AT&T engaged in "deception, fraud, false pretense, false promise, misrepresentation and unfair practices" by advertising the iPhone's MMS feature.
The suits are seeking damages for customer iPhone 3G or iPhone 3GS purchases.
[Thanks to AppleInsider for the heads up.]
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