Apple, AT&T nailed with lawsuit over MMS advertising

A class-action lawsuit was filed against both Apple and AT&T Mobility, claiming that the two have touted the MMS functionality of the iPhone 3GS even though AT&T is currently not offering the service. The complaint, filed one week ago in the U.S. District Court for the Eastern District of Louisiana, claims Apple's "print and video advertisements [for the iPhone 3GS] in and on television, the Internet, the radio, newspapers and direct mailers all touted the availability of MMS."

"Millions of customers, including Louisiana residents, purchased the 3G and 3GS waiting for the day in June 2009 when the new application would be available which would allow MMS," the complain states. "Unfortunately, after downloading the new 3.0 software update application, MMS still did not work on both the 3G and 3GS. ... The only excuse offered by AT&T and Apple is a mouse-print disclaimer on the website, in barely readable font, which reads 'MMS support from AT&T coming in late summer.'"

When Apple formally unveiled the iPhone 3GS on June 9, AT&T was not among the carriers that Apple listed as supporting MMS. AT&T has repeatedly stated that MMS will be available later this summer.

An AT&T spokeswoman declined to comment on the litigation, and said that the company will offer MMS on the device "by the end of the summer."

For more:
- see this Betanews post
- see this TGDaily post

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