Apple and its carrier partner AT&T have been hit with two separate yet identical class-action lawsuits over the iPhone’s current lack of MMS support in the U.S. Although filed by different groups in different U.S.
District Courts—the Southern District of Illinois and the Eastern District of Louisiana—both suits use identical language, alleging that Apple heavily advertised both the iPhone 3G and 3GS as offering MMS, “in and on television, the Internet, radio, newspapers, and direct mailers.” The suits also claim that they downloaded the iPhone OS 3.0 update expecting MMS support to be included, despite a very clear statement from Apple Senior Vice President of iPhone Software Scott Forstall, who said during the company’s 2009 Keynote, “MMS requires carrier support as well. Twenty-nine of our carrier partners in 76 countries around the world will support MMS at the launch of iPhone OS 3.0.
in the United States, AT&T will be ready to support MMS later this summer.” The Louisiana suit claims at least 10,000 individuals are to be included the complaint, while the Illinois suit claims at least 100,000; both are requesting individual plaintiff damages for the iPhone 3G or 3GS purchased, between $100 and $500 each.
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