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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. g0tvtec's Avatar
      g0tvtec -
      Good. I love it when Apple gets sued. Those greedy bastards.
    1. Darkhunter130's Avatar
      Darkhunter130 -
      What a jackass thats all I can really say here.
    1. Melech518's Avatar
      Melech518 -
      Quote Originally Posted by He'sBACK View Post
      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.
      Convicted Burglar Sues Store He Robbed


      In case you were concerned that Americans were becoming less litigious these days, a convicted robber is trying to sue a party store after he was shot in the arm while burglarizing it.

      Scott Thomas Zeilinski is serving an eight-to-22-year sentence for robbing Nick's Party Store in Clinton Township, Mich., in 2007. Court records show that he entered the store and put a knife to the throats of several clerks, threatening to kill them.

      Then, still making threats as he exited with stolen money and cigarettes, Zeilinski was shot in the arm and back by an employee who had grabbed a gun.

      The burglar's lawyer filed a suit against the party store this week, seeking over $125,000 for pain and suffering and emotional distress. Following in the tradition of landmark cases like Brown v. Board of Education and Plessy v. Ferguson, we hope the Supreme Court soon metes out justice in the case of Zeilinski v. Nick's Party Store.



      And another one:


      Wounded burglar wins right to sue Tony Martin

      Brendan Fearon, the burglar wounded by Tony Martin during a break-in four years ago, has won the right to sue the jailed farmer for damages.

      Brendan Fearon, the burglar wounded by Tony Martin during a break-in four years ago, has won the right to sue the jailed farmer for damages.

      A judge at Nottingham County Court yesterday overturned an earlier decision, which threw out Fearon's claim against Martin.

      The 56-year-old farmer is to be released next month after serving five years for manslaughter. He killed Fred Barras, 16, with a shotgun in the burglary at his isolated Norfolk farmhouse..

      Fearon, 33, who will get legal aid and has more than 30 criminal convictions, hopes to sue for a reported 15,000. He was jailed for three years for conspiracy to burgle.

      District Judge Brian Oliver said: "It would be wrong, subject to other considerations, to deprive the claimant from airing his claim and having a full trial."To deny Fearon the right to his claim, the judge said, could contravene his rights under the Human Rights Convention. Fearon claimed his leg wound had affected his ability to enjoy sex and martial arts and he had suffered post-traumatic stress.

      The case is being sent to the High Court because of its high profile and complexity.
    1. 1987ccfc's Avatar
      1987ccfc -
      Only in America
    1. Doppler's Avatar
      Doppler -
      Quote Originally Posted by He'sBACK View Post
      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.
      Sorry... NO Apple can do with what they want WITH THEIR Product. You may believe it should have been there, but YOU did not make the product. They can chose what they want to sell. You could have simply not bought it IF that feature is that important to you. People always have choices and if they can't get their way they cry like babies. Don't like AT&T go to a different carrier. Screw the phone. I'd rather have reception first and that's the point of a mobile PHONE. All the other bells and whistles don't matter. IF AT&T didn't give the coverage I needed where I live, and Verizon did. I won't cry about Verizon not having the iPhone. I will be with Verizon with a BB or WinMo phone.

      These lawsuits are stupid. It's probably because some people want money now and times are hard. Make a quick buck and I hope it lasts. They are hoping Apple or AT&T will do what McDonald's did with the coffee incident. They settled out of court regardless if they were in the right or wrong. I hope AT&T and Apple fights this as I honestly believe a competent judge would find all this frivolous and people need to get their priorities in order. There's more important things going on right now, than MMS on the iPhone.
    1. chris4851's Avatar
      chris4851 -
      Haha funny, some people just need to grow up and stop thinking they can take on the world
    1. bpyoung83's Avatar
      bpyoung83 -
      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
      First off, this idiot OBVIOUSLY needs to learn how to spell and needs to know the difference between LOSING in court and something being LOOSE!

      Second, Apple made it very well known that MMS was not available on the first 2 generations of the iPhone. People bought it KNOWING that it could not do it.

      Apple announced MMS with iPhone 3.0 and said it would be available when it was released, EXCEPT for people on AT&T. Even Apple seemed upset with AT&T on this decision.

      These lawsuits are ridiculous and should just be thrown out of court. The people who bought the iPhone should have asked a couple questions or read ONE website before they bought they phone.

      The U.S. is becoming overwhelmed with ridiculous lawsuits like this one. Makes me "unproud" to be an American.

      Just my $.02, sorry if I offended anyone except the idiot I quoted.
    1. muffpirate's Avatar
      muffpirate -
      I can't believe the retards in this thread who are sucking on apple's and att's ipole..

      Every corporation involved in this has tried to screw us (the customer) for as long as they could and then some. Monopolizing on our lust for such a fancy device. Note: Every carrier out there would do or is doing whatever they can to maximize profit. Everything from the time it takes you to navigate/leave a voicemail, to the $.10, $.30 a pop SMS MMS's BOTH INCOMING AND OUTGOING, to the nights and weekend, at ******* 9:00 PM, to $.01 per KB sent/received. The only carriers to offer anything better are the lower end carriers trying to compete and have no choice but to offer better incentives. This should be obvious.

      To all you losers claiming: "Well if you don't like it, go to another carrier." Are you ******* stupid? WTF? I mean seriously? We all know the iphone is the best ******* thing since someone decided to "unplug" the phone. I WOULD go to another carrier if they had the iphone you stupid ****. Had I had that decision, I'd of been on a carrier that had MMS when 3.0 came out. And there were plenty of em. Just not in the supposed most dominant country in the world huh..?

      How can you expect people to not critique and demand more out of something? For example, and it's in these forums: "now that we have mms, what we gonna cry for now?" That right there is the customer desiring more. There is not an iphone or any phone user for that matter which wouldn't like something more out of their device. Flash for example. I know I would. Just because people want something that is "supposedly" unavailable, does not mean that they should STFU and go to another phone/carrier. And to those of you whom claim such, F U! We are all in this forum and others because we desire MORE out of our phone whether it be themes, custom SMS and other tones, tethering, apps that your ALMIGHTY apple WON'T approve of, or the once upon a time "unavailable" MMS, and so on.

      We all know that every iphone is capable of mms, recording video, etc... but yet they never ALLOWED us to use the full capability of the phone for their own marketing strategy, past, present, and future. Same ******* reason they didn't put a camera in the new ipod. We all know why. To make it just a lil bit better than the last one but to definitely sell the next one.

      When apple finally decided to give us the ability, att lagged ballz on it cause they weren't prepared for apple to be sooooooo generous. Then, claiming late summer in a small ***** line of text on their website, all the while slinging out as many iphones under false assumptions and pretenses as possible without saying a word about the lack of MMS. Summer was over before they delivered.

      They did not deliver as stated. For numero uno, it IS false advertisement. For numero dos, we ALL KNOW that we should have had this ability years ago.

      And when they finally did release MMS to us, they give us sh1t for quality mms. I mean, have you tried to send a video and look at what it looks like when it comes out the other side?

      F U C K AT&T! let em burn

      And all the while those of you are stroking apple and att, they are CONSTANTLY and CONSISTENTLY trying to find ways to deter, detect, and punish you for trying to maximize the usability/functionality of your precious little iphone.

      Apple and/or att would sure press charges and/or sue you for maximizing the ability of your phone if they had legal grounds. Think about that.
    1. brianturney's Avatar
      brianturney -
      The funny thing is... ALLLLLL of you people complaining and making fun of a guy who filed the lawsuit didnt start complaining until MMS was delivered by ATT. Before MMS you were all like, OMG no MMS WTF??? KILL ATTT! Prior to MMS rolling out to all our phones you people were all the same ones cheering on anyone that filed suit against ATT. ALL of you. I've been reading your posts! haha. So STFU already. you got your candy, you're happy, now you think anyone who filed suit is stupid because ATT pacified you with MMS. Two-faced *******.. LOL
    1. muffpirate's Avatar
      muffpirate -
      ^ lol for real
    1. Channan's Avatar
      Channan -
      Quote Originally Posted by muffpirate View Post
      I can't believe the retards in this thread who are sucking on apple's and att's ipole..

      Every corporation involved in this has tried to screw us (the customer) for as long as they could and then some. Monopolizing on our lust for such a fancy device. Note: Every carrier out there would do or is doing whatever they can to maximize profit. Everything from the time it takes you to navigate/leave a voicemail, to the $.10, $.30 a pop SMS MMS's BOTH INCOMING AND OUTGOING, to the nights and weekend, at ******* 9:00 PM, to $.01 per KB sent/received. The only carriers to offer anything better are the lower end carriers trying to compete and have no choice but to offer better incentives. This should be obvious.

      To all you losers claiming: "Well if you don't like it, go to another carrier." Are you ******* stupid? WTF? I mean seriously? We all know the iphone is the best ******* thing since someone decided to "unplug" the phone. I WOULD go to another carrier if they had the iphone you stupid ****. Had I had that decision, I'd of been on a carrier that had MMS when 3.0 came out. And there were plenty of em. Just not in the supposed most dominant country in the world huh..?

      How can you expect people to not critique and demand more out of something? For example, and it's in these forums: "now that we have mms, what we gonna cry for now?" That right there is the customer desiring more. There is not an iphone or any phone user for that matter which wouldn't like something more out of their device. Flash for example. I know I would. Just because people want something that is "supposedly" unavailable, does not mean that they should STFU and go to another phone/carrier. And to those of you whom claim such, F U! We are all in this forum and others because we desire MORE out of our phone whether it be themes, custom SMS and other tones, tethering, apps that your ALMIGHTY apple WON'T approve of, or the once upon a time "unavailable" MMS, and so on.

      We all know that every iphone is capable of mms, recording video, etc... but yet they never ALLOWED us to use the full capability of the phone for their own marketing strategy, past, present, and future. Same ******* reason they didn't put a camera in the new ipod. We all know why. To make it just a lil bit better than the last one but to definitely sell the next one.

      When apple finally decided to give us the ability, att lagged ballz on it cause they weren't prepared for apple to be sooooooo generous. Then, claiming late summer in a small ***** line of text on their website, all the while slinging out as many iphones under false assumptions and pretenses as possible without saying a word about the lack of MMS. Summer was over before they delivered.

      They did not deliver as stated. For numero uno, it IS false advertisement. For numero dos, we ALL KNOW that we should have had this ability years ago.

      And when they finally did release MMS to us, they give us sh1t for quality mms. I mean, have you tried to send a video and look at what it looks like when it comes out the other side?

      F U C K AT&T! let em burn

      And all the while those of you are stroking apple and att, they are CONSTANTLY and CONSISTENTLY trying to find ways to deter, detect, and punish you for trying to maximize the usability/functionality of your precious little iphone.

      Apple and/or att would sure press charges and/or sue you for maximizing the ability of your phone if they had legal grounds. Think about that.
      And I can't believe all the impatient ******* in this thread who whine when something isn't perfect.

      Complain all you want about the iPhone or AT&T, but none of us give a sh!t about it. If service is the most important thing to you and you don't get good coverage in your area, it's your own damn fault for staying with AT&T. If you're willing to deal with bad coverage because the iPhone is better than every other phone, then that's your choice. Sure, you can wish the iPhone would go to another carrier, but don't whine about how bad AT&T's service is when you choose to pay them.

      Quote Originally Posted by brianturney View Post
      The funny thing is... ALLLLLL of you people complaining and making fun of a guy who filed the lawsuit didnt start complaining until MMS was delivered by ATT. Before MMS you were all like, OMG no MMS WTF??? KILL ATTT! Prior to MMS rolling out to all our phones you people were all the same ones cheering on anyone that filed suit against ATT. ALL of you. I've been reading your posts! haha. So STFU already. you got your candy, you're happy, now you think anyone who filed suit is stupid because ATT pacified you with MMS. Two-faced *******.. LOL
      You're right and wrong. A lot of people are two-faced, but not "ALLLLLL" of us. When you get out of your own little world and realize people have a reason for doing things, then you can start to understand why it took AT&T so long. AT&T's reputation is already not that great, so can anyone really believe AT&T held back MMS for 3 months and even missed their deadline because they wanted us to wait? Maybe AT&T had a legit reason for making us wait, and I realized that from the beginning. I may not have enjoyed waiting, but I didn't ***** and complain about it.
    1. szr's Avatar
      szr -
      To everyone saying that the delay in MMS for the iPhone is purely at&t's fault, please consider the following:

      MMS could be enabled for the past few months (if not for over a year) on jail broken phones, by simply filling in the correct APN settings for MMS in the Cellular Data Network menu in Settings -> General -> Network (if you've exposed it), or by downloading any of the various apps from Cydia or Icy that can do it for you.

      Once done, it worked perfectly. Same with tethering. I've had both working flawlessly since about mid-way through July, so the phone was already capable. I've also heard reports of other MMS apps that work with the 2G iPhones as well (which I assume use the same APN settings for MMS.)

      Therefore, I would find some fault in perhaps both Apple and at&t; IIRC, Apple is the entity that actually issues the carrier bundles that contain the settings, and at&t is the one who has to give Apple the settings for their network. But seeing as how both at&t's network and the iPhone were perfectly capable of delivering MMS (as over brands of phones have already been using for upwards of a year, and the iPhone had been using on other carriers), I find it hard to believe that Apple had no hand in the delay what so ever.
    1. tw1zt3d's Avatar
      tw1zt3d -
      your argument is only valid for jailbroken users. remember, in the grand scheme of things, we're the minority. WE knew what features would and would not work sometimes before it hit the press. the bulk of iphone users (the general public), only know what they're told. they don't read the forums, they're not jailbroken, they sit and wait for apple/at&t to tell them when its okay to do something. then when something goes awry, the sheeple get in a tizzy, and unfortunately, rather than riding it out, they do one of two things. throw their hands in the air and give up, or they go on attack. for the most part, neither one of those options are a viable alternative, so they grow even more agitated.
      in regards to the mms debacle, we here knew prior to 3.0 coming out that mms wasn't going to work in the states. we bitched and whined initially, but because we have the ability to circumvent the proper system (that the average john user doesn't/can't/won't take advantage of), we were able to be calmed (slightly) and just kinda kept our eyes and ears open. then the official announcement came. still some of us were complacent (they either got used to sending pix through email, or just didnt care), some of us were like hurry the eff up (the email thing wasn't a viable option to them or the recipients), but none of us had to force fed the wait like the gen pop iphone user. everyday, threads with hundreds of replies popped up on how to enable mms. some were simple, some were one step short of having rub your belly and pat your head while moving your legs in opposing circular motions. but at the end of the day, most of us were mms enabled prior to the sept 25 date (late summer, if you will). but what about the sheeple? as far as they were concerned, they were being screwed (and not in a good way), by apple (the maker of their beloved phone) and by at&t (the ONLY way they could enjoy their beloved phone). according to the farmers almanac, late summer had come and gone, and they still had no way of conveying their pictures worth 1000 words text to friends who had lesser phones but THEY could take and send their visual thoughts to their other lesser phone owning friends. that makes john iphone user very upset, and he feels the 300 bucks her spent on his investment just went south. so, like a lot of other people, he thinks of how he can stick it to the man, and get paid for his indignity. thus, all these lame *** law suits, cause really, that's all these things are about.

      just remember, we're not the general public. we're (for the most part) informed users.
    1. Melech518's Avatar
      Melech518 -
      Um, the phone did not need to be jailbroken to upgrade the ipcc file in itunes actually!
    1. SundayDuffer's Avatar
      SundayDuffer -
      calm down people.
    1. confucious's Avatar
      confucious -
      Quote Originally Posted by 1987ccfc View Post
      Only in America
      Nope - the Tony Martin case is British through and through


      And people wonder why the Dev Team don't give ETAs....
    1. Channan's Avatar
      Channan -
      Quote Originally Posted by Melech518 View Post
      Um, the phone did not need to be jailbroken to upgrade the ipcc file in itunes actually!
      Yep. Tethering too.

      I actually used my computer with the hacked iTunes and same ipcc to get MMS on 5 different iPhones. 3 were jailbroken.
    1. rwin84's Avatar
      rwin84 -
      I got mines... Gimme yours...
    1. djdraco's Avatar
      djdraco -
      i'd join in on that. why tell the world you're gonna give them something on by a certain date and then not for several more months. that's no way to under-promise and over-deliver. they should have said they are in the process of developing the technology or are working on a way to make mms easily available. just the same a flash on the iphone, it's something thats "in the works", no a promised date. i'd be on board for a class action suit.
    1. sandyt87's Avatar
      sandyt87 -
      You do realise that there are some lawyers out there that are rubbing their hands and thinking that this is gonna be an easy payday today??

      I can see why people are pissed. I had MMS the day I bought my 3GS and tbh I hardly use it. I did wonder why the iphone had been deprived of this feature for so long but if I had had an iphone without mms I'm sure I wouldn't have missed it. How easy is it for you to upload pictures to your facebook/bebo/some skanky social network site (I'm not a fan btw )and tell them to go look it up on their phones that can surf the web. If people were so desperate to send pictures to each other then do it by email its not difficult.

      Just as an aside and for something for you folks to think about...

      How many times has the gran turismo game release date been pushed back over the years and yet no-one tried to sue them(to the best of my knowledge.) We knew that the game would be refined and be better than it would have been but yet no-one decided that they were gonna take em down and teach them a lesson about false advertising. I know that others had MMS before AT&T gave it to their users but has anyone stopped to think why they did it? Do we have an answer as to why it was delayed for so long?

      How about they were upgrading their infrastructure so that it could cope with the extra traffic? What about the time it takes to test the MMS service out so that it doesn't crash the system completely? I don't know but it might be a few examples. I bet there would be a storm of complaints if the MMS went live half assed and not working to the best it could be. You get where Im going with this. Some people are more patient than others I guess. Im not sticking up for AT&T cause I have heard some horror stories but, you gotta see it from both sides.

      I look at all these cases that have been highlighted about all the robbers sueing their victims and wonder where these idiots who let these cases through to be heard learnt their common sense and morals from.

      I can honestly say with certainty that this case is gonna get kicked out. I doubt that apple has that much control over AT&T anyway.

      and just to make sure.... they now have MMS on one of the most amazing pieces of gadgetry to grace our palms??

      Yeah I thought they did
      there is just no pleasing some folks.

      Much love

      Sandy