Similarly, in the Louisiana case, all three defendants bought iPhones separately and were interested in MMS functionality, but store representatives "misrepresented and/or concealed, suppressed or omitted material facts as the to iPhone having MS functionality," according to the complaint. Carbine first inquired about MMS at an Apple store in June, Casey inquired at an AT&T store in December 2008, and Maurer inquired at an Apple store in January. (The store locations were not mentioned.) The size of the class of buyers affected in the Louisiana case is more than 10,000, according to the complaint.

The focus of both lawsuits is on what statements were made or not made by AT&T and Apple store representatives to the plaintiffs. However, Apple Senior Vice President Scott Forstall noted during the World Wide Developer Conference on June 8 that MMS support wouldn't be ready from AT&T at launch, and AT&T followed up to say it would be coming in late summer, which it repeated again today.

Both companies quickly came under attack from customers, developers and consumer rights groups for .

Even if AT&T follows through on its late summer commitment for MMS, some observers have suggested the lawsuits amid growing criticism of the carrier's support for the iPhone. Both federal lawsuits assert that Apple and AT&T sales representatives are still misrepresenting material facts about MMS functionality.