Clyde Bernard Franklin filed a complaint in the U.S. District Court for the Southern District of Alabama two days ago. The subject of this complaint was a class action lawsuit that alleges that Apple and AT&T misrepresented the iPhone’s MMS capabilities.

Details of this case is pretty sketchy, and this isn’t the first time a lawsuit has been filed concerning the MMS feature. Two separate ones were filed last August.

As promised, the Apple iPhone finally has the capability to send multimedia messages to another phone number. Whatever AT&T had to do to gets its act together, the carrier did it.

The update went live just a moment ago, and I’ve successfully sent my first MMS on CNET’s iPhone 3G. I was able to exchange photos both with another iPhone and a Samsung SPH-M330 on Sprint.

You’ll need to connect to iTunes to receive the update, which should download in seconds. We were able to send an update immediately, but you may have to restart your iPhone first.

To confirm that your device is ready, go to Settings > General > About. Your carrier version should be “AT&T 5.5,” and you’ll need the latest iPhone 3.1 software update. Also, remember that owners of the original iPhone will miss out on the fun.

For more information, check out Apple’s links for updating and enabling carrier settings. And if you’re having problems, see Apple’s troubleshooting tips.