Class Action Stupidity - Vol. 1: iPhone MMS Class Action

People are suing AT&T because iPhones are still not able to send MMS messages. Notwithstanding the fact that AT&T and Apple have said ever since the 3.0 software was announced that MMS would not be available until later in the summer, some enterprising attorney has decided to jump the gun. Clearly, the only thing he's worried about is Autumn coming and a better law firm filing a slightly less frivolous lawsuit.

The lawsuit claims that:

Meeker bought an iPhone 3G on March 13 at an AT&T store in Fairview Heights, Ill., and asked if MMS was provided. The store representative "misrepresented and/or concealed, suppressed, or omitted facts as to the iPhone and MMS functionality," according to the complaint. When he tried to download MMS with the 3.0 upgrade, the MMS did not work. He was told by an Apple customer service rep that AT&T had not upgraded its towers and would not do so until late summer. (from http://www.computerworld.com/s/article/9136743/Despite_two_lawsuits_AT_T_still_says_MMS_coming_by_late_summer_to_iPhone)


Naturally, Meeker never saw the disclaimer available on AT&T or Apple's website, and clearly saw nothing about the iPhone 3.0 announcement in the media. So he claims he's been damaged because the Apple store associate's "misrepresented and/or concealed, suppressed or omitted material facts as the to iPhone having MMS functionality." Of course he has, and it just so happens that his attorney claims over 100,000 others have been similarly damaged, all by devious sales reps at the Apple and AT&T stores.

Let's see. Apple and AT&T claim MMS will be out in late summer, and because MMS isn't out yet but it is still summer, a class action suit arises because of what a store associate supposedly said. And of course Meeker only wanted the iPhone for MMS. Not the browser or apps or e-mail, just the MMS. Not the touchscreen or the iPod or anything else, just the MMS.

If Apple or AT&T had stones, they'd make Meeker and his class prove it. They won't, and Meeker's attorney will be millions of dollars better for it, with the "class" getting perhaps a free download on iTunes. In that case, has anyone bought a Palm Pre and can't get access to iTunes? Did the person at the Sprint store tell you the phone could drive a car? I've got a feeling I can make a great case for me... I mean you.