Apple, AT&T sued for lack of MMS capability

A class action started in a Louisana district court alleging that Apple and AT&T touted the iPhone as supporting MMS (multimedia messaging service) but have not as yet provided the service.

The plaintiffs allege that Apple “advertised heavily that the new version of iPhone, the 3G, as well as the even newer version the 3G-S would allow MMS. Apple’s print and video advertisements in and on television, the internet, the radio, newspapers and direct mailers all touted the availability of MMS.” AT&T advertised the same functionality, the filing says.

But since the launch, in the USA, such functionality is not yet available. The court filing says the AT&T Answer Center page said: “Customers who are sent a MMS message and own a non-MMS capable device will receive a text message instead of an actual MMS message.”

But, the filing alleges: “AT&T is not a carrier which offers MMS! Of course, AT&T is the only carrier in the United States used by the iPhone. In other words, AT&T’s towers do not support MMS.”

Apple, says the filings, has revealed that AT&T has never upgraded its towers so as to support MMS functionality. “The only excuse offered by AT&T and Apple is a mouseprint disclaimer on the website, in barely readable font, which reads ‘MMS Support from AT&T coming in late summer'”.

The class action suit alleges the Louisana suit will consist of at least 10,000 individuals. The action is brought both under the Louisiana Unfair Trade Practices Act and other Louisiana civil codes.