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  • Apple Facing Class Action Lawsuit Over MMS Delay

    Image via iphone3ghacked.com


    Lawsuits seem to be filed for just about any reason these days. As a result, some have criticized Americans for becoming too "litigious" of a society.

    A story out this weekend certainly isn't going to help erase this perception.

    According to our friends at Gizmodo, a class action lawsuit has been filed against Apple as a result of the company and their cohorts at AT&T promising MMS service in summer but only delivering it three full days into the start of fall.

    Apple class-action lawsuit, case file #23423: A Minnesota iPhone owner joined a class-action lawsuit to punish Apple and AT&T for failing to provide MMS by "late summer" as promised. Evidence: MMS came out post-Labor-Day, which is officially autumn. The horror!
    I can relate to the frustration experienced by many over the seemingly eternal wait for a fairly basic service on the iPhone. But a lawsuit? Really?

    To be fair, Apple sold more than 1 million of its newest iPhones in just the first weekend after its launch back in June. At the time, the company said AT&T would support MMS by "late summer."

    Consequently, Irving is seeking unspecified damages because he was told he would have MMS service in summer - apparently, the main reason he bought the iPhone in June in Apple Valley.

    Kyle Irving of Minneapolis was told he would have MMS when he purchased his iPhone in late June, yet it took another two months to arrive, which surely is a crime heinous enough to warrant yet another go-nowhere class-action lawsuit. The Minnesota suit will be grouped with similar suits from other states, though it's not clear exactly how much money in damages is being sought.
    As a non-lawyer, I have no intelligent input to offer on the legit weight or merits of Mr. Irving's argument. But if we do inhabit a society where a burglar can win a lawsuit for injuring himself in a house he broke into, or a man can earn millions from a fast food chain for spilling their hot coffee on himself, I guess anything is possible.
    This article was originally published in forum thread: Apple Facing Class Action Lawsuit Over MMS Delay started by Michael Essany View original post
    Comments 87 Comments
    1. rhekt's Avatar
      rhekt -
      oh....angiepangie sittin in a tree K..I..S..S..I..N..G.....LOL!
    1. NissanGoddess's Avatar
      NissanGoddess -
      Gezzz...let's just all be nice and get a long after all it's not going to change anything now it's the past and move on!! we all have MMS now let's be happy!
    1. y0ungSir's Avatar
      y0ungSir -
      Quote Originally Posted by angiepangie View Post
      False advertisement is a legit reason for suing someone nowadays :
      Oh America.

      One of my teachers used to be a cop and he told us a story about a robber that was coming out of a house carrying a TV. The owner came home and told the person to "drop it". He dropped it on his foot, sued the owner, and won
      Can I get a link to that? That sounds too crazy.
    1. santaf's Avatar
      santaf -
      this is so insane it makes me feel ashamed lived in apple valley for half my life i'm gladd i didn't turn out that stupid. wowww 3 days late man i jsut can't imagine all the pictures he missed out on sending poor guy. not only is that part alone of it stupid but it's at&t's fault gosh this guy is an idiot i would really like him to be a part of this thread jsut so he can see how many people know how dumb he is
    1. Cokeman's Avatar
      Cokeman -
      What a complete moron. If AT&T delaying MMS for 3 days is the worst thing to happen to me in my life, I'll give the guy his 2 bucks.

      If anything I think 2G iPhone owners should be suing. Apple lying out their *** that the hardware can't support it. I lost all respect for Apple as a company when they lied that the 2G couldn't support mms or video recording (3G also). Granted the video recording would have been lower quality than the 3GS has, but it can still do it.
    1. cedwards0823's Avatar
      cedwards0823 -
      ya know, its ******** like this "class-action lawsuit" that has kept my dad from getting closure in my stepmom's death by tieing up the court system. she was killed by an idiot driver almost 2 years ago and they still have not gotten into court. (sorry i have to name call here) any of you morons who actually think this lawsuit should be taking place, go ahead and jump off a really tall building, and hold your hand out for your money as you fall. what gets put in your hand as you fall is what you deserve.

      as far as at&t goes, i have had mms with a 3rd party app for about a year now. and all i had to do was buy the app and call at&t and tell them im not happy without mms and they fixed my settings right up. if you are a good customer with them, their rating system they use is a good idea, they usually do whatever you want within reason. in short, u missed mms for all of a couple of days, and it must have been so painful. GET OVER IT.
    1. eremeya's Avatar
      eremeya -
      Quote Originally Posted by Cokeman View Post
      What a complete moron. If AT&T delaying MMS for 3 days is the worst thing to happen to me in my life, I'll give the guy his 2 bucks.

      If anything I think 2G iPhone owners should be suing. Apple lying out their *** that the hardware can't support it. I lost all respect for Apple as a company when they lied that the 2G couldn't support mms or video recording (3G also). Granted the video recording would have been lower quality than the 3GS has, but it can still do it.
      The issue with the iPhone 2G and 3G recording video is that the camera that they put in them was not made for taking video, yes you could do it if you hacked the software but the camera itself was not intended for it. From my understanding on how the camera module works it would be similar to taking a bunch of pictures on your, lets say, Canon Rebel XT and compiling a video from said pictures by using each one as a frame in the video.

      I'm not sure about the MMS but as far as the video Apple did not lie about that. The iPhone in the state which it was purchased (from Apple, at&t, etc.) it was incapable of taking video or sending/receiving MMS.
    1. kkiran's Avatar
      kkiran -
      Come on now! We have seen so many lawsuits already but little or no results till date. Class action lawsuit - in the best case can give us ATT credit for 3 days but that's about it!
    1. thinknoffcenter's Avatar
      thinknoffcenter -
      um....shouldn't he be suing at&t? an iphone running 3.0 supported mms out the box, so they delivered on thier promise, at&t did not, all other iphone carriers across the globe had thier mms working almost immediatley. if thier is anything apple should be sued over is not letting people choose whether or not they want to run 3.0(.01) or 3.1. not allowing people to roll back to an OS that was stable and didn't "comatose" thier iphones.
    1. bbillh77's Avatar
      bbillh77 -
      AT&T sucked as far as mms I jbed and had it for a while but they kept cutting it it works now Sueing is a lil excessive but maybe someone should Im not the ont
    1. awesomeSlayer's Avatar
      awesomeSlayer -
      It's ridiculous for AT&T and Apple for delaying MMS, but it is even more ridiculous to sue them. This guy probably sue them for money. That's what the people do here now days.
    1. ddonuts4's Avatar
      ddonuts4 -
      U suck, AT&T you'll be MAKING money off of this lawsuit lol
    1. CaptainChaos's Avatar
      CaptainChaos -
      Apple can't control when the carrier updates are released by AT&T. This is ludicrous.
    1. Cokeman's Avatar
      Cokeman -
      Quote Originally Posted by eremeya View Post
      The issue with the iPhone 2G and 3G recording video is that the camera that they put in them was not made for taking video, yes you could do it if you hacked the software but the camera itself was not intended for it. From my understanding on how the camera module works it would be similar to taking a bunch of pictures on your, lets say, Canon Rebel XT and compiling a video from said pictures by using each one as a frame in the video.

      I'm not sure about the MMS but as far as the video Apple did not lie about that. The iPhone in the state which it was purchased (from Apple, at&t, etc.) it was incapable of taking video or sending/receiving MMS.
      Video's taken with Cycorder look pretty good, for a phone that can't record video. Apple plainly stated the hardware on a 2G iPhone did not support mms, when in fact it does & they know it does.
    1. one1's Avatar
      one1 -
      Quote Originally Posted by angiepangie; View Post

      One of my teachers used to be a cop and he told us a story about a robber that was coming out of a house carrying a TV. The owner came home and told the person to "drop it". He dropped it on his foot, sued the owner, and won

      That's why you bury them as deep as possible in the back yard.
    1. Sol Munition's Avatar
      Sol Munition -
      Quote Originally Posted by Cokeman View Post
      What a complete moron. If AT&T delaying MMS for 3 days is the worst thing to happen to me in my life, I'll give the guy his 2 bucks.

      If anything I think 2G iPhone owners should be suing. Apple lying out their *** that the hardware can't support it. I lost all respect for Apple as a company when they lied that the 2G couldn't support mms or video recording (3G also). Granted the video recording would have been lower quality than the 3GS has, but it can still do it.
      I was just about to say the same thing - there are quite a few apps fr jailbroken 2G phones that allow for MMS, hell even video recording for the 1st gen phones - and apple says the hardware can't do it. Yes Appl did try to get a ruling saying that jailbreaking you phone was illegal - but it Swirly and other apps prove that the older hardware can do it... I would go after apple for that

      Quote Originally Posted by eremeya View Post
      The issue with the iPhone 2G and 3G recording video is that the camera that they put in them was not made for taking video, yes you could do it if you hacked the software but the camera itself was not intended for it. From my understanding on how the camera module works it would be similar to taking a bunch of pictures on your, lets say, Canon Rebel XT and compiling a video from said pictures by using each one as a frame in the video.

      I'm not sure about the MMS but as far as the video Apple did not lie about that. The iPhone in the state which it was purchased (from Apple, at&t, etc.) it was incapable of taking video or sending/receiving MMS.
      If it's compiling a bunch of individual snapshots as stitching them together as a video - it does a pretty good job! I would love to know what physical difference(hardware-wise) between 1st vs 2nd and 3rd gen phones is so different that it can't do mms... or for any post year 2000 camera phone from ANY manufacturer that can send/receive MMS
    1. FRiiTOZ's Avatar
      FRiiTOZ -
      u guys r right its not a big deal, but at&t f****d up NOT apple... do i think we should have their head on a plate, no. but i sure as hell wouldnt mind getting my 2 bucks off my next bill
    1. Channan's Avatar
      Channan -
      Quote Originally Posted by rhekt View Post
      you guys/girls are all morons...i can buy a $20 rebated prepay phone and have full MMS...yet my $500 state of the art iphone hasnt had MMS till NOW?....APPLE [IS] to blame!!!...this lawsuit will be settled to shut those weasels up....but APPLE will pay out.....either through their lawyers trying to BASH this....or to shut them up....admit it morons...you just wish you also were involved in this class action, so you could get your dirty cash too....by the way....to that idiot on the first page who was saying the iphone users were going to have to pay for there lawyers....OBVIOSLEY has no idea about a class action lawsuit....you see the lawyers get paid from the payout when they WIN!....its the gamble they take....its usually a large lawfirm that has quite alot of equity and are used to winning in court....so if they loose...the expenses involved are like the change jingleing in OUR pockets to them....so there...

      lets all argue about something stupid some more
      I like how you call us morons and call me an idiot when your grammar sucks @$$, you can't spell ("OBVIOSLEY"? Really?), and you end every sentence with multiple punctuation or no punctuation at all.

      Yeah, I'm the idiot.

      Quote Originally Posted by eremeya View Post
      Apple didn't promise MMS during the first two years, AT&T however did say it would be available by the end of summer.
      My point is, Apple kept it from us for 2 years. AT&T was late on their deadline by 3 days. Big freaking whoop.

      Quote Originally Posted by eremeya View Post
      Apple shouldn't be in this lawsuit because it is AT&T's false advertising.
      As I recall, Apple advertised on their own website that MMS on AT&T would be available by the end of summer. Apple is just as guilty for false advertising.

      Quote Originally Posted by eremeya View Post
      If I remember right didn't AT&T also say tethering would be available by the end of summer?
      No
    1. danno2022's Avatar
      danno2022 -
      it's a fact that global warming has extended summer, so apple has mother nature on its side. apple will prevail.
    1. He'sBACK's Avatar
      He'sBACK -
      Quote Originally Posted by Messany View Post
      But if we do inhabit a society where a burglar can win a lawsuit for injuring himself in a house he broke into, or a man can earn millions from a fast food chain for spilling their hot coffee on himself, I guess anything is possible.
      dont pull your facts from Jim Carrey movies. no man has ever won money from hurting himself while on a B&E. you can shoot a burglar if you want and it'll be nothin more then self defense.

      the coffee trick might of worked in 2001, but not now. they got that shet covered. this law suit probably wont amount to anything.. but apple does deserve a tap in the nuts for letting it take this long. i dont care if it was at&t's fault or apples fault, mms should have been there on the launch date of '07.