I believe the complaint is that AT&T claimed MMS functionality before it was actually available in June, 2009.
Neither AT&T nor Apple claimed it before it was available. Apple announced that iPhone 3.0 would be capable of it IF the carrier offered it. Apple also announced that AT&T did not at that time offer it but their other partners in other nations did. Apple did announce in June that AT&T had said they would be offering MMS in late Summer 2009.
AT&T missed "late Summer" by 3 days, when they turned on MMS messaging on September 25, 2009, since Summer ended on September 22nd. Perhaps the plaintiff is complaining about those three days?