Dual Lawsuits Over Lack of iPhone MMS

When Apple released the iPhone OS 3.0 firmware, there was much angst over the fact that MMS would be included in the package, but not for AT&T users (there has also been angst over lack of tethering but that's another story). Two, count 'em, two lawsuits have been filed over the delays in rolling out MMS, which AT&T said was coming "this summer."

Realistically, it's still summer, but the obvious question is "what's taking so long?" The obvious answer is there has to be an issue on the AT&T network. Is it just fear that the network cannot support all those iPhone users sending MMS messages, and is it a valid fear by AT&T or just caution? Who knows?

One lawsuit was filed in a U.S. District Court in the Southern District of Illinois on behalf of Tim Meeker and other unnamed complainants. The second lawsuit was filed in the Eastern District of Louisiana on behalf of Christopher Carbine, Ryan Casey, Lisa Mauer, and other unnamed complainants.

Both suits seek class action status. The Louisiana suit claims that the affected class would include "at least 10,000 individuals." The Illinois case increases the number tenfold to 100,000. In most other respects the lawsuits are nearly identical to each other.

Strangely, the Louisiana suit claims AT&T does not support MMS at all. Anyone who has a different AT&T phone which supports MMS knows that's not true. AT&T does support MMS. The following, however, is true:
"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'".


Yes, that's pretty tiny print (above). However, summer isn't over yet. Let's wait to see what happens, although admittedly it's annoying that the feature isn't here yet, while the rest of the world (seemingly) has it.

On the other hand, let's talk about tethering ...
Tags:  iPhone, ATT, SMS, Lawsuit, MMS