Become a MacRumors Supporter for $50/year with no ads, ability to filter front page stories, and private forums.
If Apple promised program buyers earlier or priority access to upgrades as part of their deal, then I could perhaps understand the justification.

The carriers' similar payment plans fail in the same way -- just because you have Edge or Next and are eligible to upgrade, doesn't mean you have some form of guarantee -- you get the same priority as anyone else. Whether it should or shouldn't be that way is up for debate, but right now, everyone has the same shot.

In this case, all Apple said was you can get the new iPhone every year. That doesn't mean "on launch day", just that you become eligible to get a new phone every year. I expect the terms of the plan will make this an open-and-shut case.

That said, one thing in the complaint is reasonable, in my eyes -- this whole "come back later" process shouldn't be a thing. Quote them "Backordered" and let them at least order and get in line, instead of waiting a seemingly arbitrary amount of time just to try to get in line later. Apple knows logistics, they should be able to give a ballpark estimate when the Nth device will roll off the line and ship.
Exactly! The only thing Apple needs to fix is them not being able to get on a backordered list. But people who support these frivolous lawsuits, instead of giving said company a chance to make things right, are exactly what's wrong with this world. That's why real issues takes years to get resolved, because you have these idiots crying like children over spilled milk that's actively trying to be cleaned up. These people are truly pathetic. All over a phone, even though they're trying to fix that one problem. Lol sad.
 
Well I know now, don't EEEEVER do the installment plan with Apple if I'm interested getting the new phone when i comes out.
Yep! I am glad I didn't preorder or even use my carrier's preorder system. Camping out 4 hours before my carrier store opens has always worked for me.
 
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.

What a massive joke.
I agree! It has always been that way. No special treatment for anyone.
 



Boston law firm Block & Leviton today announced it has filed a class action lawsuit against Apple on behalf of iPhone Upgrade customers who are dissatisfied with how Apple handled iPhone 7 and iPhone 7 Plus pre-orders last Friday.

When customers who participate in the iPhone Upgrade Program went to pre-order an iPhone 7 or 7 Plus, they were forced to reserve a device from a local Apple retail store rather than being able to make a traditional online purchase. Many retail stores did not have sufficient stock to meet demand, leaving some customers unable to select the model, color, or storage capacity they desired.

iphone7lineup-800x677.jpg

Many iPhone Upgrade Program members were unhappy with the ordering process and an inability to reserve a desired iPhone for launch day. Apple has responded to customer frustration and has been collecting customer information to attempt to get customers their iPhones as soon as possible. Apple's efforts have not, however, prevented today's lawsuit, which claims iPhone Upgrade Program users will face future upgrade delays due to the situation.The lawsuit asks Apple to reimburse iPhone Upgrade members who are forced to make extra payments while waiting for a new iPhone, make upgrade members eligible for a 2017 iPhone in September regardless of upgrade delays, and seeks to require Apple to make all of its iPhone inventory available to upgrade members.

Apple's iPhone Upgrade Program, arguably designed for the company's staunchest fans, allows customers to upgrade to a new iPhone each year. Customers can upgrade after as little as six months, so long as they have made 12 iPhone payments and trade in the iPhone in question when upgrading.

Article Link: Apple Hit With Class Action Lawsuit Over iPhone Upgrade Program Woes
"Make all of it's inventory available for upgrade members"? Hell no! Get in line and wait like the rest of us! Nothing but a bunch of cry babys
[doublepost=1473738928][/doublepost]
What a joke. If that's the case no one should have an upgrade. Sorry you have to pay for your equipment while you wait for the next one you want to splurge on. What a joke.
I hope they throw this out the window. I don't agree with the "make inventory available for upgrade members" part. They're nothing but a bunch of cry babys that need to wait in line now like the rest of us.
 
I agree if you made 12 payments you should have been eligible for upgrade as was advertised.


But of course, no one could have already made their 12th payment, because the absolute first release date, most folks would have been after this date!, would have been 9/26/15. Oops. And beyond that, think about what you are saying, Apple never said anyone wasn't eligible, they are just trying to square demand and supply.
 
Last edited:
I can understand the reasoning. These people are paying a fairly heavy premium for yearly access to the latest model. A simple solution for the future. Would be for Apple to open up ordering to premium members a day or two before it opens to everyone else. But limit early orders to the number of phones they currently have the requisite 12 payments on.
 
lawsuit might be silly, but it's also silly that after all the posts explaining it, you clearly still do not understand the issue :p

When did they ever promise you that the phone you want to upgrade to will always be in stock? The plan is a financing program for the iPhone that includes an upgrade option. Taking advantage of that option depends on the phone you want being available.
 
  • Like
Reactions: truthertech
I'm not surprised that a lawsuit was filed... the process completely collapsed while Phil Schiller bragged about people who got the IUP at the 6s launch being able to upgrade.
 
This is a moronic first world problem, just pure disgusting greed on the part of skumbag Lawyers looking for any stupid reason to sue and make money - and i'm in the iUP program. All these frivolous lawsuits cause so much more damage than the alleged "problems" they fix. Our insurance rates are going thru the roof because of these stupid lawsuits. Not getting an iphone on launch day is not an issue that harms anyone and I'm sure Apple will make good on any payments made in errs. The judge that allows this case to go thru needs to be put out to pasture and replaced. My life will somehow continue if I don't get the phone this friday . And guess what - COFFEE IS FREAKING HOT!!!!!

lol. it's very important in the 21st century. customer loyalty is all companies have these days. especially in this industry. it's not a first world problem it's an issue for a company that only exhibits perfection & they're handling it well and as best they can.
 
Well. Apple called today. My wife's will be ready on Friday. She just has to say she's part of the upgrade plan and she'll be given her phone.

As expected, my jet black is on back order but he said it would be ready in about two weeks.

I was not expecting this kind of personal attention.

Very happy with Apple!
 
  • Like
Reactions: Moorepheus
I was with you up until this point.

And guess what - COFFEE IS FREAKING HOT!!!!!

McDonalds made insanely hot coffee for years and injured many people before someone finally put an end to it by suing them and getting a large enough payment for them to consider a change. We're all better off for it and I am grateful.

Other documents obtained from McDonald's showed that from 1982 to 1992 the company had received more than 700 reports of people burned by McDonald's coffee to varying degrees of severity, and had settled claims arising from scalding injuries for more than $500,000. McDonald's quality control manager, Christopher Appleton, testified that this number of injuries was insufficient to cause the company to evaluate its practices.

https://en.m.wikipedia.org/wiki/Liebeck_v._McDonald's_Restaurants
 
But of course, no one could have already made their 12th payment, because the absolute first release date, most folks would have been after this date!, would have been 9/26/15. Oops. And beyond that, think about what you are saying, Apple never said anyone wasn't eligible, they are just trying to square demand and supply.

First payment was September of last year. Making the twelfth payment in Auguest.
 
  • Like
Reactions: Moorepheus
I rarely wish ill will but hope all these folks have something horrid happen to them so they can realize what priorities in life are

freaking the sue culture has somehow got to be stopped
pathetic
 
i thought, and i assume apple thought, this program was designed so people could lease each version of the phone..
or- i buy a phone every 2 years (on 6s now).. if i paid a little more, i could instead use a new phone each year.. without needing to pay the full cost of buying a new phone each year.

like, that's what i felt the program was all about.. i'm sort of surprised and i imagine apple is as well that some of the participants signed up for the program in order to be guaranteed a new phone from batch #1.

depending on the contract, there may or may not be a case here.. seems like it would be a pretty straightforward case (not here at the forums mind you.. in court ;) ).. either apple breached contract or some people signed up for something and they weren't fully aware of what they were signing up for.. (which, i suppose, could add complications to the case as it could then be argued the ads were misleading)

but i don't know the ads nor the contract so just guessing.
 
Pretty ****** Apple. The people that signed up for the program should have been the FIRST to be able to purchase the phones. Maybe even early authorization or something. I mean they all signed up with the intention of getting a new phone every year. It's the least Apple could do for them. I did not sign up for the plan, but I would have thought Apple would have made it the easiest (not the hardest) for those loyal enough to go for the plan to get their new phones. Lame Apple, lame.
 
I have no desire to debate the merits of filing the lawsuit, there are valid arguments on both sides. That said, even as a loyal apple customer for several years, I am amazed at all of the people who leap to the company's defense, even when the company has clearly dropped the ball. In my experience, Apple's customer service is, like that of many other companies, hit or miss.

It does appear in this case that the company is making some effort to address the issue and has acknowledged, at least in a limited way, that there is a problem. But that is atypical IMHO, and I tend to agree that the potential liability is the primary motivation for those actions.

And on a related note - what is the fascination/obsession with folks on this board labeling every complaint they do not share as a "first world problem?" I'm going to go out on a limb and assume that more than 90% of the problems of more than 90% of the people who post on this forum can be considered first world problems. Have you complained about being stuck in traffic lately? What about the price of gasoline or any utility service that is provided to your home? Had a long wait at the doctor's office? Concessions too expensive at a movie theater, concert, or sporting event? Seriously, give it a rest. It comes across as convenient, hypocritical, and trite. The same people throwing this claim around are trading updates on their order status and shipping information. This is a first world discussion board.

Full disclosure - I am not in the apple upgrade program, and I have no skin in the game on this issue. I'm just tired of hearing all the "righteous indignation" from folks driven to defend the honor one of the most valuable/profitable companies in the world. Talk about a first world problem. I dare you to spend as much time and effort on something that matters.
 
If phones were available then they could still buy one just not upgrade because the supply of phones at stores where the upgrade had to be done were sold out. I think Apple could have allowed a purchase and sent the phone to a store for upgraders but choose not to do so; they could also have allowed upgraders an opportunity to preorder early, but even then there would be no way to ensure everyone got the phone they wanted.

I understand why people are upset and agree Apple could have handled the supply chain better; however the notion that the upgraders were somehow cheated or tteated as second class cirizens is, IMHO, nonsense.

It is a combinations of the supply and the ability to make a reservation...and the time lost having to create the reservation. The part that makes me feel like the second class citizen is that I should be able to ship it to my house, then go into the store and handle it, or ship the other back. There's really no reason we should have to be in store.
[doublepost=1473743022][/doublepost]
No. There is no such thing as insurance rates increasing due to "frivolous lawsuits". This is a myth perpetrated by corporations to trick voters into approving "tort reform" laws to limit damages. Courts are designed as the last defense that the people have against government and corporations run amok, and if you let them convince you that the justice system is costing you money, then they will win.

Regarding your last reference, PLEASE consider watching "Hot Coffee":
http://www.hotcoffeethemovie.com/Default.asp
The very fact that the hot coffee lawsuit has become a joke in our society is due to shrewd corporate propaganda that "reframed" the issue to make it a joke. This was purely a damage control tactic by McDonald's and their attorneys to manipulate the system trough public opinion. Check out the true story.

Regarding the iPhone upgrade lawsuit, the point is, court is the place for a judge or jury to hear the facts. We can't make educated analyses of the situation without all the facts that could come out in court. Why not let the plaintiff present their case in court? If it has no merit, they won't win.

I do agree that opportunistic lawyers are trying to make money in this case, but then Apple is also trying to make more money by reserving phones for new customers instead of upgrade program members that they know will upgrade anyway, so....

AND, this woman died due to her injuries from the coffee - that WAS TOO HOT. It was beyond what is legal to serve, it caused third degree burns...I cringe everytime someone brings up this hot coffee incident.
 
Be honest know, so the whole thread can see. Not that Apple is contractually obligated to give you a new phone instantly, but even if they were, as of the 17th, you still won't have completed your 12 months, correct? The absolute earliest you could have signed up was the 26th of September 2015, so if you got a phone on the 17th, you would be ahead of the game. Actually, according to the logic of the whiners and ambulance chasing lawyers, you would owe Apple for a week:)!!!!

Except your eligible to do an upgrade after six months and as long as you make 12 payments. In fact, when you went through Apple's special checkout for IUP it said, "hey, you have to pay an extra $41 to be eligible to upgrade, is that cool?" (I'm paraphrasing). You have the option of paying up 12 payments.

But don't let the lack of knowledge of how the program works keep you from posting in the future.
 
I agree! It has always been that way. No special treatment for anyone.

You people do not get it because you're not bothering to read the facts. People are angry because IUP customers were not given the SAME or an EQUAL chance to get a iPhone 7 as everyone else. They were offered a far, far more limited selection of stock which was also available to the masses and completely gone by the time the iReserve site came up. Please don't post unless you understand the issue.
 
Register on MacRumors! This sidebar will go away, and you'll see fewer ads.