Apple Facing Class Action Lawsuit Over MMS Delay

**Michael Essany** · 09-26-2009, 10:25 PM

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.

**angiepangie** · 09-26-2009, 10:28 PM

well technically it is "false advertising" and misinforming everyone.

**dmcdivitt** · 09-26-2009, 10:35 PM

Apple needs to learn to do what it says. The lawsuit will end up being thrown out because no harm was caused, so it's an expensive way to make a point. Proving intent will be hard.

**fleadog99** · 09-26-2009, 10:35 PM

I do not remember signing a contract stating that Apple will deliver MMS. Does anyone else?

**angiepangie** · 09-26-2009, 10:37 PM

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

**ItsCyrious** · 09-26-2009, 10:41 PM

^LOL, im sorry buh thats pretty funny.

**bruinsrme** · 09-26-2009, 10:49 PM

it was advertised on their website as being available late summer. The 3Gs did state MMS as one of the features but had the ole *

**Channan** · 09-26-2009, 10:49 PM

AT&T said end of summer. They missed the deadline by 3 days. So they owe this guy $20 for messaging plan x (3 days late/30 days in September). Pay the man his $2 and let's all move on already.

Unless, of course, he didn't have a messaging plan. In which case, AT&T owes him nothing because he's paying for nothing.

**bruinsrme** · 09-26-2009, 10:51 PM

I want my two dollars......

Love that movie (Better off Dead)

**Channan** · 09-26-2009, 10:56 PM

Originally Posted by bruinsrme

I want my two dollars......

Love that movie (Better off Dead)

Unfortunately, the hundreds of dollars you'll be paying your lawyers will put you worse off than if you'd just be happy that you have MMS now and drop it.

**finalfantasy** · 09-26-2009, 11:00 PM

Best part was that it had NOTHING TOO DO WITH APPLE lol... here in Canada weve had MMS since 3GS Came out lol.... its AT&T that didnt deliver MMS, NOT APPLE lol

**angiepangie** · 09-26-2009, 11:01 PM

LMAO. I didn't even notice that part

**Melech518** · 09-26-2009, 11:12 PM

Blame At&t, not apple. It was At&t that couldnt provided MMS to their customers. Us on T-mobile and the other carriers around the world had MMS working since 3.0 was released. But still, ridiculous lawsuit...

**Channan** · 09-26-2009, 11:12 PM

Apple kept MMS off the iPhone for 2 years. AT&T, 3 months. Yes, people were annoyed that there was no MMS on the iPhone for so long, but no one expressed so much hate toward Apple like they are with AT&T. You all have been waiting 2 years for MMS on the iPhone. What's a few extra months?

All you people that are so upset you had to wait a little longer are just impatient b*tches that really need to grow up. Be thankful you had 75,000 apps to help you pass the time. /end rant

**Limegrntaln** · 09-26-2009, 11:15 PM

If this ******* ****** makes my bill go up even 1 penny. Im filing a class action lawsuit! This guy needs his *** removed., ******* ******!!

**iBwizzle** · 09-26-2009, 11:22 PM

They might as well sue them over no MMS for the 2G iPhone too! F**k Apple and AT&T!!!

**Melech518** · 09-26-2009, 11:23 PM

Originally Posted by Limegrntaln

If this ******* ****** makes my bill go up even 1 penny. Im filing a class action lawsuit! This guy needs his *** removed., ******* ******!!

^ Tell me, How do you REALLY feel??

**Kiserai** · 09-26-2009, 11:30 PM

Originally Posted by Melech518

^ Tell me, How do you REALLY feel??

No ****.

**ecd5000** · 09-26-2009, 11:57 PM

well first off why didnt i think of this and 2nd he's gonna get his .30c per day for the 1.1/2 month he would have had to wait if he would study up on that thing his parents bought him to listen to music and such. so after dropping around 2 or (3_g_'_s) (go figure . that #) he's gonna get $21.00 for the texts he couldnt spend money on. Good job, this guy needs a large pic posted on the main page next to all the exciting news to remind everyone to not be such a jackass

**Melech518** · 09-27-2009, 12:22 AM

Here is the guy...

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Thread: Apple Facing Class Action Lawsuit Over MMS Delay

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