Another iPhone MMS lawsuit filed against Apple and AT&T; the third “identical” case in August!

Apple, AT&T

In the most recent lawsuit filed against Apple and its partner AT&T, the third case to have been filed in August, yet another iPhone user, Deborah Carr, has complained that the companies misrepresented the iPhone’s ability of multimedia messaging (MMS). The earlier two cases also pertain to the companies hoodwinking customers into believing that the MMS was an already-available feature of the popular iPhone.

While the earlier two almost “identical” lawsuits have been filed in Louisiana and Illinois, the most recent one was filed in the Northern District of Ohio.

According to the allegations by the plaintiff, Deborah Carr, Apple and AT&T have essentially misled the public into believing that sending and receiving MMS messages was the iPhone 3GS’ built-in capability. As per the plaintiff, the mention the MMS availability on the said iPhone is clearly evident from Apple's “print and video advertisements - on television, the Internet, the radio, newspapers, and direct mailers.” 

In the filing, Carr said that Apple and AT&T had informed customers that MMS would be enabled on June 17, 2009 – the release date of the iPhone OS 3.0.

Incidentally, back in June, an AT&T spokesperson had also told Wired: “We absolutely will offer MMS on iPhone 3GS and iPhone 3G with 3.0 upgrades in late summer once we complete some system upgrades that will ensure our customers have the best experience with MMS”!