A peeved iPhone customer has filed a lawsuit against Apple and AT&T, and surprisingly it’s unrelated to dropped calls or spotty network performance. It has to do with the multimedia messaging, which still isn’t available for iPhone customers in the United States.

Filed in Ohio by customer Deborah Carr, the lawsuit alleges that Apple and AT&T used tricky marketing to deceive consumers into believing multimedia messaging would become available for iPhones by June.

“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 [pdf] states. “Unfortunately, after downloading the new 3.0 Software Update application, MMS still did not work on both the 3G and 3GS.”

The complaint acknowledges that Apple and AT&T provide a disclaimer stating “MMS support from AT&T coming in late summer,” but the lawsuit says the font is so small it’s barely readable.

Apple in March demonstrated iPhone 3.0 at a media event, where the company highlighted MMS support as a major new feature in the OS. Then in June, Apple delivered the news that MMS support would be available for 29 carriers as soon as the iPhone 3.0 OS launched June 17 — but not for AT&T customers until “late summer.”

Apple has not commented on the reasons for the delay. AT&T provided a vague statement, saying the reason was unrelated to AT&T’s 3G network.

“We absolutely will offer MMS on iPhone 3GS and iPhone 3G with 3.0 upgrades in late summer once we complete some system upgrades that will ensure our customers have the best experience with MMS,” an AT&T spokesman said in a statement. “These upgrades are unrelated to our 3G network.”

Apple and AT&T have until Sept. 22, when fall officially begins, to fulfill the promise of delivering MMS by “late summer.” Mark your calendars.

How do you feel about how Apple and AT&T are handling MMS for iPhone ? Vote in the poll below.

See Also:

AT&T: Lack of MMS, Tethering Support for iPhone Is Not Network’s …AT&T Denies Rumors of MMS Delays, Tethering Costs for iPhone …Apple Bestows Cut-and-Paste, MMS on iPhone UsersHow AT&T Stumbled Through the iPhone 3GS LaunchFirst Look: Apple Stays Ahead of the Curve With iPhone 3.0 OS …

Via InformationWeek

Photo: Jon Snyder/Wired.com