Plano, TX: A proposed class action lawsuit has been filed by angry iPhone users who allege they were deceived, cheated and defrauded having purchased the popular phone because it did not have multimedia messaging service (MMS).
Henri and Allison Friloux filed the class action against Apple Inc. and AT&T Mobility LLC on December 16 in Texas, and the proposed class will include all residents of Texas who purchased a "3G" or "3-GS" iPhone from July 1, 2008 on.
In January 2007, Apple and AT&T launched the original iPhone 2G, followed by the 3G in July 2008 and the 3-GS in June 2009. the original iPhone - the 2G - did not have MMS, which allows people to send digital pictures.
The claim reportedly states that Apple and AT&T promoted the newer versions of the iPhone, the 3G and 3G-S, stating that they would enable MMS. However, Henri and Allison Friloux allege that the messaging service was not available on the newer iPhones for some months after they were released.
The plaintiffs are claiming that Apple and AT&T violated the Texas Deceptive Trade Practices Act by deceiving or misrepresenting the phone's functions. They are seeking more than $5 million in compensatory damages and attorneys' fees.
