Another lawsuit has been filed in an Illinois district court against Apple and AT&T under the Unfair Trade Practices Act and other laws in that state.
This second lawsuit, which is aiming for class-action status, accuses both companies of misrepresenting the availability of MMS on the iPhone. According to a report by AppleInsider, the suit uses the same language as , suggesting that both companies aggressively promoted the not-yet-availalbe MMS features of iPhone OS 3.0 and the iPhone 3GS using advertising on TV, radio, newspapers, direct mailers, and on the Internet. This second suit is larger, however, claiming to represent as many as 100,000 (versus 10,000) people with an economic impact greater that $5 million for the class action.
If you're interested in reading the case documents pertaining to either lawsuit and you have a PACER account, you can read about either case via the following links:
- Meeker v. Apple, Inc. et al in the Southern District of Illinois Case number 3:09-cv-00607-DRH-CJP
- Carbine et al v. Apple, Inc. et al in the Eastern District of Louisiana Case number 2:09-cv-05470-CJB-JCW
Many of iPhone Atlas' readers expressed sympathy with the first suit, but a fair number considered the lawsuit frivolous and baseless. What do you think?