lawsuit might be silly, but it's also silly that after all the posts explaining it, you clearly still do not understand the issueThis one is silly. These people have been harmed no more than any other customer that has wanted to purchase an out of stock item. Unless some promise was made about being given priority, there's no merit to this.
First come, first serve folks. Just because you're already in the upgrade program doesn't give you premium access to a new iPhone every time.
Yes and no. If you signed up purely to get your upgrade after 12 payments, but in fact you end up paying 13 to get the same upgrade that's not really OK is it?
Bad metaphor. He's buying the house on payments and you're buying it cash, by your point is still valid.Why would you have some privileges??
You are renting a device in monthly basis, I'm paying the full price at once!!. If it were a house: I own the house, you are just a tenant. In that case I have more rights than you.
BTW. On launch day, I was pending of the store, page was not working until minute 10, take me 7 mins to verify my address, and credit card. Minute 17 I got my order mail. I have to wait 3 weeks. And I'm not going to sue, come on it's just a phone, and eventually you will have like everyone else.
If I upgrade 2 months late, i start another loan for the entire amount of the new phone just like I would have if I upgraded after 12 months exactly. That extra 2 months went towards nothing. Now I have paid 14 payments rather than 12 for the same value. If I wanted to end my lease and keep my second phone, I will have paid 38 months rather than 36. Therefore I have lost 2 payments. It is not perpetual, it is a new lease every time you upgrade.How exactly are you losing money? You have an iPhone to use, but its not the latest. When you finally get the new model, you can upgrade again after a year, correct? You all can't possibly think that whenever Apple happens to launch new iPhones that they have to guarantee that everyone who is on this plan can have them immediately... with Apple not having any idea what models all these people would want. This program to me is basically a perpetual lease for a phone... so you'll always being paying every month forever.
Technically, if he has to give up the old phone after a year to get the new one, he isn't buying it, more like leasing it.Bad metaphor. He's buying the house on payments and you're buying it cash, by your point is still valid.
http://www.apple.com/legal/sales-support/iphoneupgrade_us/
Can someone point me to the bit where it says you are entitled to a new model - at launch - after exactly 12 payments?
Why would you have some privileges??
You are renting a device in monthly basis, I'm paying the full price at once!!. If it were a house: I own the house, you are just a tenant. In that case I have more rights than you.
BTW. On launch day, I was pending of the store, page was not working until minute 10, take me 7 mins to verify my address, and credit card. Minute 17 I got my order mail. I have to wait 3 weeks. And I'm not going to sue, come on it's just a phone, and eventually you will have like everyone else.
Doubt the lawyers give 2 ****s about getting the phones. They're looking to get paid in $$$ not phones.Little cry babies lawyers want there iPhone fast. They will lose this easy. You don't like it get an android little babies
Why would you have some privileges??
You are renting a device in monthly basis, I'm paying the full price at once!!. If it were a house: I own the house, you are just a tenant. In that case I have more rights than you.
BTW. On launch day, I was pending of the store, page was not working until minute 10, take me 7 mins to verify my address, and credit card. Minute 17 I got my order mail. I have to wait 3 weeks. And I'm not going to sue, come on it's just a phone, and eventually you will have like everyone else.
Are you sure? If the program's contract doesn't explicitly state "first come, first served", and if their marketing materials state that you can upgrade after "12 months", then making people wait longer than 12 months is grounds for a perfectly valid class action lawsuit.
Is it frivolous? You could argue that.
But also, is it things like this which force companies to tread carefully and follow the rules? The answer is also yes. And that's the thing. This "litigious nature" of America that people constantly complain about actually protects us from a lot of corporate misbehavior. Yes, we all deal with tons of it everyday. But, it could be *so much* worse.
Do you know why AT&T changed their throttling threshold from 5GB to 22? Or how about why my office is no longer receiving spam faxes from drug manufacturers? Or why my Honda's airbags were recently replaced for free? Lawsuits, or at least the threat of them.
Sure, you might think it's stupid for Apple to get sued over this, but now you can be assured they won't be making this mistake when the 7S comes out.
I wish we didn't have to go to the Apple Store. My nearest store is 120 miles to the east and to the west. The day before I went to check my eligibility (just in case) and I'm glad that I did. Since I had my iPhone swapped due to Touch ID button overheating and rebooting issues last autumn, they didn't transfer my upgrade eligibility to the replacement device.
I didn't have any issues ordering on launch night, however, I was told by two different Apple reps the day before while dealing with my upgrade issue that upgrading my device on the iPhone Upgrade Program wouldn't require me to visit a store and that I could even "print out a return shipping label for my old device." I emailed Tim Cook over the matter (and another issue with trying to buy an unlocked device for my Grandpa) and late on Friday an Apple rep left me a message saying that she was responding to the message I left for Tim Cook. I have yet to call her back because I've been very busy and also it was the weekend, but I'm not sure what she's going to say, especially since there is now a lawsuit.
It kinda makes some sense though. If you're going to tout your program as "You get a new iPhone every year" then you better have a new iPhone ready for these customers every year who are essentially paying a subscription to always have a new iPhone and AppleCare+. Those people are your best customers. And forcing them to drive 120 miles isn't cool either. Luckily for me I need to return and get some more stuff from Ikea anyway, so it's not a wasted trip.
Upgrade folks were limited to a particular store's inventory. In the past, one had a shot at the entire inventory with an option of where to ship it. And that's a massive difference.
I'm not sure that's how the program works. You signed up to make 24 payments on your phone. After 12 you can upgrade and when you do, you'll get a fresh 24 months to make payments again. You didn't lose out on anything, just delaying when your new 24 month contract begins. It's really just a 2 year loan on an iPhone that you can trade out and start over with a new phone after 12 payments.Yes and no. If you signed up purely to get your upgrade after 12 payments, but in fact you end up paying 13 to get the same upgrade that's not really OK is it?
Plus, you had to agree to buy Apple Care, which you may or may not have done without the incentive. That ups the price for the ability to get your new one after 12 payments.... Definitely not okay.Yes and no. If you signed up purely to get your upgrade after 12 payments, but in fact you end up paying 13 to get the same upgrade that's not really OK is it?