By David Worthington | Thursday, August 13, 2009 at 5:02 pm
A class action filed in a Louisiana district court is alleging that Apple and AT&T are improperly advertising MMS (multimedia messaging service) for the iPhone without having provided it, according to reports published today. Ultimately, a judge will decide whether the case is credible enough to move forward.
When Apple released iPhone OS 3.0 in mid June, it said that its MMS capability would be enabled on AT&T’s network this summer. I was as disappointed as the next person to hear it wouldn’t happen immediately, but am even more disappointed by how quickly frivolous lawsuits are filed.
It is beginning to get dark a little earlier now, but it is still summer. The class is seeking 10,000 participants. If 10,000 people are so distraught over their inability to send multimedia messages that they sign onto this nonsensical lawsuit, those people need to go outside and enjoy their lives a bit more .
The basis of the class is that Apple and AT&T “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,” court filings allege.
The filings claim that AT&T’s towers do not support MMS, yet the iPhone is only available on that carrier. If that was indeed the case, why was I able to send and receive MMS messages on other AT&T devices that I have owned in years past?
The action was filed under the Louisiana Unfair Trade Practices Act in addition to other State civil codes. It has been filed, and so going forward, a hearing will be scheduled, and then a judge will decide whether the case has enough merit to move on.
Apple is already plugging away at the iPhone 3.1 update. Would it kill people to wait for it? What harm is being done by this delay that should be remedied by a court? If the commercials jumped the gun, Apple and AT&T should pull them, and maybe pay a fine, and that’s it.