AT&T and Apple sued for misleading MMS marketing

scaledyospacemms2emailGreat Ceasar’s ghost! A woman in Ohio is charging the double-As for breach of contract for… mum… not supplying MMS with the 3.0 firmware.

She writes in the lawsuit:

“Millions of customers, as a result of the false and deceptive representations and concealments of Apple and AT&T purchased the 3G and 3GS, waiting for the wonderful day in June 2009 when the new application would be available which would allow MMS,” the court filing states. “Unfortunately, after downloading the new 3.0 Software Update application, MMS still did not work on both the 3G and 3GS.”

While the lawsuit is clearly batshit insane, the plaintiff, Deborah Carr, does have a point: we were supposed to get MMS in late summer and summer, according to InformationWeek and the motion of the stars and planets, ends on September 22, 2009 at 5:18pm EDT.

How much is Ms. Carr asking for? How about $5,000,001,000.00. I guess the extra $1,000 is so she can buy Palm Pres for her family. I did a quick search and didn’t find any historical litigation out of the Carr family so maybe this is a one off.

Clearly this litigation is going nowhere – Apple has been hemming and hawing about MMS since WWDC and they’ll release MMS when they damn well feel like it – but it’s nice to see someone holding good old arbitrary Apple to some of its PR claims.