Apple and AT&T has been hit with another class-action lawsuit over the iPhone 3GS's initial inability to support MMS when it was released, despite the fact that Apple said it would not support MMS when it was released in the U.S.. Francis Monticelli is launching the suit, alleging that Apple and AT&T misled the public when it touted MMS as a feature of the new phone, according to Bloomberg.

In reality, support for MMS was a feature of iPhone 3.0, and not the iPhone 3GS - it is also supported by the iPhone 3G. MMS was rolled out in several overseas markets on the release of iPhone OS 3.0 (and the simultaneous release of iPhone 3GS), but was not implemented by AT&T in the U.S. until "later this summer," which turned out to be September 25th, a few days after Summer ended.

We know all this, because Apple V.P. Scott Forstall told us so at the introduction event when the features were unveiled.

Nonetheless, Mr. Monticelli said in his complaint that, ""MMS functionality was one of the reasons people chose to buy or upgrade [to an iPhone 3GS]" and that it has, "[become] clear that AT&T's network does not support MMS."

"When and if AT&T upgrades its network, the millions of iPhone purchasers will get what they bargained for in terms of MMS," Bloomberg quoted from the suit. "In the meantime, all the millions of purchasers of the 3G and 3GS iPhones have been deceived and cheated out of what they thought they were purchasing - a cellphone with MMS functionality."

Though it does. As noted above, MMS was activated on AT&T's U.S. network on September 25th, which may be why AT&T spokesperson Mark Siegel told the news service, "The plain fact is we're offering MMS for the iPhone 3G."

Mr. Monticelli is seeking class action status for his suit and the usual unspecified damages customary in such legal actions.