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like- i don't think they specifically said you can get an upgrade every 12 months.. the way it sounds to me is that you can get a new phone every 6 months, or every 7 months, or 8,9or10, or 11 or 12 or 13 or 14 months etcetc.. until month 24.. at which point, you own the phone.

is that right? is that the deal?

Well, the program is officially called the "Apple Upgrade Program", so an upgrade is kind of expected....
[doublepost=1473811778][/doublepost]
Marketing promo is one thing. What is in the service contract is something else. If there is a "based on available supply" clause in the contract, no matter what promo is stated, then the lawsuit will fail.

The problem isn't with the "based on available supply" clause... The problem is that people in the IUP program did not have access to the same supply that non IUP consumers had. The IUP users were limited to what was in stock at particular stores while everyone else pulled from the entire supply chain. That's the problem....
 
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.

Interesting... I've preordered through my carrier with a projected delivery date range of 7-14 Oct and am thinking about hitting the line Friday morning; either at Apple or my carrier's store.
 
Well, the program is officially called the "Apple Upgrade Program", so an upgrade is kind of expected....
sure, i see that.
the six month thing probably is more appealing to someone joining the program mid cycle.

i asked the question because people are saying things that clearly aren't true such as:
"Apple did specifically advertise it such that you can upgrade every 12 months"

idk, i get the feeling that many people are emotionally involved at this point and it's fogging some of their view/logic that they can normally use..
or- saying this in a different way.... for those of you that joined the program when you got the 6s.. why did you join it?

was it to be given a seat in iPhone 7 batch#1? or was it another reason(s)?

like, i think most people would of done it for other reasons but now that 7 is out, the original reasons have been fogged out and now this topic is the main reason.

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also, fwiw.. this lawsuit has class action status, yes.. but as far as we know (well, me at least), there is still just the one guy suing apple..
like, this case is possibly very small or a very small nuisance for apple and it just seems bigger to people reading the headline.. "hit with class action lawsuit !1" (and the like).
 
Bottom Line: IUP Customers want the SAME opportunity to be an early adopter as every other iPhone Customer outside of the program.


Not worse, not better, not special, not early, not late, etc.
 
huh? i'm not quite sure what your point is? (or maybe you quoted me by accident but meant to reply to someone else?)


---------------
you said:
Apple did specifically advertise it such that you can upgrade every 12 months.

then i said:
they specifically advertised you can get a new phone every 6 months, right?
---------------



like- i don't think they specifically said you can get an upgrade every 12 months.. the way it sounds to me is that you can get a new phone every 6 months, or every 7 months, or 8,9or10, or 11 or 12 or 13 or 14 months etcetc.. until month 24.. at which point, you own the phone.

is that right? is that the deal?
The actual wording is that you can upgrade your phone once both of those conditions are met: You have had your phone for 6 months AND you have made the equivalent of 12 payments. That is the earliest you can qualify.
 
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Bottom Line: IUP Customers want the SAME opportunity to be an early adopter as every other iPhone Customer outside of the program.


Not worse, not better, not special, not early, not late, etc.

hmm.. seems like IUP customers do have the exact same opportunity to be an early adopter.. for example, the guy who is suing apple regarding this thread..


"Mr. Frank woke up at 2:45 a.m. New York time [on Sept. 9] and was shocked to find that within moments, it was impossible to find an iPhone under the program anywhere near his location in New York City," the lawsuit stated. "He began searching in other parts of the state, as he was willing to drive to Buffalo or Albany to get access to his new phone, all to no avail. He expanded his search as far as North Carolina and Maine: nowhere was he able to get the iPhone model he desired."

Because he was unable to pre-order an iPhone 7 or 7 Plus under the Upgrade Program, Frank purchased a new phone for around $950."

http://www.computerworld.com/articl...botched-iphone-upgrade-program-pre-order.html


SAME, right?
:)
 
Well, the program is officially called the "Apple Upgrade Program", so an upgrade is kind of expected....
[doublepost=1473811778][/doublepost]

The problem isn't with the "based on available supply" clause... The problem is that people in the IUP program did not have access to the same supply that non IUP consumers had. The IUP users were limited to what was in stock at particular stores while everyone else pulled from the entire supply chain. That's the problem....
IMO the "while supplies last" covers irregularities like this situation. If Apple was not as big as it is, this suit would never happen.
 
The problem isn't with the "based on available supply" clause... The problem is that people in the IUP program did not have access to the same supply that non IUP consumers had. The IUP users were limited to what was in stock at particular stores while everyone else pulled from the entire supply chain. That's the problem....
It's also possible that Apple limited store stock to what they could reasonably handle while still selling other items. If the can do x IUP upgrades per hot, simple math lets you figure out how many phones to sell so you don't overload the store and have enough staff to handle regular customers as well as the IUP ones. Mailing phones doesn't have that constraint and new purchases can have more availability since their time for a transaction should be less.
[doublepost=1473817457][/doublepost]
Bottom Line: IUP Customers want the SAME opportunity to be an early adopter as every other iPhone Customer outside of the program.


Not worse, not better, not special, not early, not late, etc.

You don't always get what you want...

Mick Jagger
 
IMO the "while supplies last" covers irregularities like this situation. If Apple was not as big as it is, this suit would never happen.

or, the suit would have still happened..
then more like "If Apple was not as big as it is, nobody would have heard about it" ;)
[doublepost=1473817885][/doublepost]heh, re-reading that article i linked to a few posts ago:

"He began searching in other parts of the state, as he was willing to drive to Buffalo or Albany to get access to his new phone, all to no avail. He expanded his search as far as North Carolina and Maine: nowhere was he able to get the iPhone model he desired."

..
i'm starting to think this is just apple trolling us :D
 
hmm.. seems like IUP customers do have the exact same opportunity to be an early adopter.. for example, the guy who is suing apple regarding this thread..


"Mr. Frank woke up at 2:45 a.m. New York time [on Sept. 9] and was shocked to find that within moments, it was impossible to find an iPhone under the program anywhere near his location in New York City," the lawsuit stated. "He began searching in other parts of the state, as he was willing to drive to Buffalo or Albany to get access to his new phone, all to no avail. He expanded his search as far as North Carolina and Maine: nowhere was he able to get the iPhone model he desired."

Because he was unable to pre-order an iPhone 7 or 7 Plus under the Upgrade Program, Frank purchased a new phone for around $950."

http://www.computerworld.com/articl...botched-iphone-upgrade-program-pre-order.html


SAME, right?
:)

It's not the same opportunity because they bear the burden of being apart of IUP. Presumably, IUP is intended to facilitate upgrading and was marketed as such.
[doublepost=1473819990][/doublepost]
It's also possible that Apple limited store stock to what they could reasonably handle while still selling other items. If the can do x IUP upgrades per hot, simple math lets you figure out how many phones to sell so you don't overload the store and have enough staff to handle regular customers as well as the IUP ones. Mailing phones doesn't have that constraint and new purchases can have more availability since their time for a transaction should be less.
[doublepost=1473817457][/doublepost]

You don't always get what you want...

Mick Jagger
Oh okay. Nevermind than.
 
huh? i'm not quite sure what your point is? (or maybe you quoted me by accident but meant to reply to someone else?)


---------------
you said:
Apple did specifically advertise it such that you can upgrade every 12 months.

then i said:
they specifically advertised you can get a new phone every 6 months, right?
---------------



like- i don't think they specifically said you can get an upgrade every 12 months.. the way it sounds to me is that you can get a new phone every 6 months, or every 7 months, or 8,9or10, or 11 or 12 or 13 or 14 months etcetc.. until month 24.. at which point, you own the phone.

is that right? is that the deal?



My point was that despite the actual terms in the contract being even more generous (though fiscally stupid), it was and has always been marketed as a program for people who want to upgrade annually.

Also it was intended to kill two birds with one stone for those who keep arguing that they never promised you a phone every year. Phil Schiller got up there and pitched as a way to get a new phone every year. That was specifically the sales pitch from Apple.
 
My point was that despite the actual terms in the contract being even more generous (though fiscally stupid), it was and has always been marketed as a program for people who want to upgrade annually.
is that not going to happen?

i don't think 'annually' means exactly 365 days.. and if it did, there's still about a week and a half from now until we hit the earliest annual mark..
don't you think, at the very least, you should wait until your exactly_12_month term has lapsed prior to getting all worked up?

in one month, is this hoopla even going to be a thing? or, nobody will care anymore?
 
idk, i get the feeling that many people are emotionally involved at this point and it's fogging some of their view/logic that they can normally use..
or- saying this in a different way.... for those of you that joined the program when you got the 6s.. why did you join it?

I had been purchasing my phones unlocked from the beginning. I travel quite a bit overseas and when I'm going to be out of the country for more than a few days it's usually more convenient and cheaper to slip in a local SIM for data and whatnot.

So when they came out with the 6s I was ready to do as I had always done and buy it outright when I heard about the IUP. Since I buy Apple Care anyway, it was basically a 0% loan for 12 months And since I had no reason to think I wouldn't also be getting the iPhone 7, 7s, 8, etc, etc it seemed to simply be a question of whether or not I could put $2K to work more efficiently (my wife also has an iPhone). I was willing to jump on the upgrade hamster wheel for Apple since I was I was already doing it.

They also made it sound like it would be a much more straightforward process. I wasn't really expecting any special treatment in terms of being allocated a phone during launch but I figured since I was in the "program" that they would streamline the process a bit. Not sure how they would streamline it, but it was made to sound like this was the best way to upgrade to the newest version every year and, it would seem to make sense to that Apple would do something.

was it to be given a seat in iPhone 7 batch#1? or was it another reason(s)?

like, i think most people would of done it for other reasons but now that 7 is out, the original reasons have been fogged out and now this topic is the main reason.

No, I think you're confusing two different things here. It's on me to get up and midnight and make sure that I get my place in line. I didn't really expect Apple to circumvent that. Sure, it would have been nice but it wasn't expected and I haven't really heard any of the other IUP people saying that they had that expectation.

And you're right, the ship has sailed on being one of the first to get the new iPhone regardless of what time you attempted to order last week.

One of the main problems is that as of this moment, all anybody in the IUP has is a promise from someone at Apple that they'll try to help them out. As far as I know, there are no confirmed ship dates for any IUP people.

And as I've said previously, part of my frustration in this is that if I didn't do iOS programming as a hobby I probably wouldn't read MacRumors as frequently as I do. And I wouldn't have seen that I was not the only one. My local area was not some fluke. This happened on a grand scale.

And that's all fine and dandy that I found out, but what about all the other people who don't read Mac Rumors or other Apple sites? They're totally getting hosed. The folks here are able to call into Apple and speak to someone who pretends to sympathize with them but everyone else has no idea. They're just going to come back on Sept 17th as they were told to do and spend days, weeks, or months trying to get their phone.

And I look at that and think, if you don't call Apple on that now, you could be the guy who doesn't know the next time. Maybe there's a problem with the new Macbooks but Apple doesn't tell anybody and only fixes computers for the people who scream the loudest.

The other reason to be frustrated is that the IUP is only a good deal if you can upgrade every 12 months. If your IUP contract lasts 13 months then it becomes less valuable. And if waiting an extra month causes you to start your next 2 year IUP contract a month later, you either have to wait an extra month next year or pay an extra month next year to get your phone in Sept. Again, this make the program far less cost effective than how they pitched it. And when you factor in the fact that they specifically engineered it as to prevent a large number of people from being able to reserve phones for ship dates on or near the launch date it just seems fraudulent.


----------
also, fwiw.. this lawsuit has class action status, yes.. but as far as we know (well, me at least), there is still just the one guy suing apple..
like, this case is possibly very small or a very small nuisance for apple and it just seems bigger to people reading the headline.. "hit with class action lawsuit !1" (and the like).

And that's fine by me as well. I don't expect to get anything out of the lawsuit but I do hope that the filing of the lawsuit brings about enough negative publicity that it becomes more cost effective for Apple to fix their program than to try to shut up those complaining the loudest with promises of Apple doing everything they can to get the complainers a phone asap.
[doublepost=1473831887][/doublepost]
is that not going to happen?

i don't think 'annually' means exactly 365 days.. and if it did, there's still about a week and a half from now until we hit the earliest annual mark..
don't you think, at the very least, you should wait until your exactly_12_month term has lapsed prior to getting all worked up?

in one month, is this hoopla even going to be a thing? or, nobody will care anymore?

No, it does not mean exactly 365 days. I never said it did. But I think the vast majority of people who joined the program, as well as the media (go and check media writeups of the program from last year) all assumed it to be roughly about one year, give a few days or a week.

But that's not the point. And to be honest, I don't understand any of your points. You just seem to keep looking for any little point to nitpick what someone has said like you're doing here.

Personally, I have chosen not to wait. I bought out my IUP contract from Citizen's and will sell my phone. Having seen how corrupted the IUP is, I have zero desire to be subject to Apple's whims in the future. It's been 5 days since this thing started and Apple has yet to publicly acknowledge it and reach out to all of the IUP people who got screwed. They're trying to mitigate the damage and put out the fires and it's just much easier to get out of the building than it is to wait for Apple to figure out how to sell their merchandise in a fair manner.

The only advantage to me was that Apple was offering 0% loans. I was willing to accept some of the time-based risks associated with that but I'm not willing to allow Apple to abuse the terms in the contract to my detriment.
 
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And that's fine by me as well. I don't expect to get anything out of the lawsuit but I do hope that the filing of the lawsuit brings about enough negative publicity that it becomes more cost effective for Apple to fix their program than to try to shut up those complaining the loudest with promises of Apple doing everything they can to get the complainers a phone asap.

yeah, they should fix the issue.. i agree.
seems like the people with the upgrade deal should of been able to do the pre-order stuff in the same way an outright buyer or carrier financed person was able to.. instead of just apple store stock..

or possibly giving some sort of priority to people who are using apple's new-phone-annually deal.

i think at this point however, the best chance of truly fixing the issue isn't going to be till next year.. with possibly a little extra damage control this year.
 
Definitely think this case is justified, as do a lot of lawyers and customers. We'll see how this drags out in court, or more likely, when a settlement is reached. Don't see this being dismissed at all.

AFAIK, section 2.K has always been a part of the iphone upgrade program:

Eligible iPhone Availability
. Purchase of a new eligible iPhone is subject to availability at the time you exercise your Upgrade Option. Depending on the eligible iPhone model chosen, your monthly installment payment may change.

Edit: The September 13, 2015 snapshot at archive.org shows that is was section 2.h, identical language - https://web.archive.org/web/2015091...ple.com/legal/sales-support/iphoneupgrade_us/

Section 8.g of the 2015 t&c's also clearly states that enrollment limits may apply. I'm sure Apple's army of lawyers sussed this out thoroughly.
 
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I have decided not to upgrade from my iPhone 6plus to 7s. I don't understand what the fuss is all about. Samsung's S7 edge has an OLED screen, wireless charging, and expandable memory. Features absent from the 7s. The only reason I have not moved to samsumg is because all of my computers and gadget are from Apple.
Of course you'd be lucky to get an Android update within 6 months of the upgrade occurring. You'd also be luck if Samsung doesn't completely abandon you in two years. While Apple will give you same day updates for four to five years.

The only high priced Android device I'd ever consider is a Nexus. At least I'd know I'd have some decent OS upgrade support. Still they get dropped pretty quick.
 
No, the problem is both the consumer and Apple understood the contract and when the consumer tried to place an order and maximize his value under the contract, Apple said, "Uh, not so fast there hot shot. Get to the back of the line and let me serve everyone else ahead of you. And BTW, if that means you keep paying for an extra month or two, well, haha, we win!"

I highly doubt they were twirling their villainous mustaches and rubbing their hands together while laughing maniacally. :rolleyes: Facts are facts, just read the contract you signed: you didn't sign a one-year contract, you signed a two-year contract with the option to upgrade after a year. In any case, they've now made the extra effort to make more available for in-store reservations. Whether the whole thing was an error or a calculated move we'll never know, and frankly I don't care. People are going to show up in droves either way to buy a new iPhone, and everybody knows it.

All I know is, I now have a phone reserved for Friday morning, and I previously didn't. Not bad for two days before launch day. I understood what I was getting into when I signed the contract last year. I debated not even upgrading this time around because I'm still paying a reasonable price for my 6S each month. Figured if I'm able to get into a new device at launch time, awesome. I'm not going to have a hissy fit because the system didn't have enough stock on hand. #firstworldproblems
 
So Apple is giving the iUP guys access to phones now except for the shiny black one which I'm sure is the only one the lawyers will say their clients wanted.
 
UPDATE:

I am an IUP participant and am eligible for an update (made 12 payments). I tried reserving a phone on Friday and was unable to because no phones were available. I tried again today and there were loads of phones available; 7, 7 Plus, all capacities, multiple colors.....

My wife is also in the IUP program, but is a few months behind me (9 payments). When I entered her info to check for an upgrade, there were far fewer phones available for her to choose from.

Maybe apple is making more phones available to IUP participants who are upgrade eligible? Interesting....
 
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AFAIK, section 2.K has always been a part of the iphone upgrade program:

Eligible iPhone Availability
. Purchase of a new eligible iPhone is subject to availability at the time you exercise your Upgrade Option. Depending on the eligible iPhone model chosen, your monthly installment payment may change.

Edit: The September 13, 2015 snapshot at archive.org shows that is was section 2.h, identical language - https://web.archive.org/web/2015091...ple.com/legal/sales-support/iphoneupgrade_us/

Section 8.g of the 2015 t&c's also clearly states that enrollment limits may apply. I'm sure Apple's army of lawyers sussed this out thoroughly.

Oh undoubtedly. Luckily there's such a thing as a "good faith" clause in the US laws. The fact that millions of customers signed up for this program in good faith, under Apple's Phil Schiller's marketing banner that they'll be the first to upgrade to the latest and greatest.
 
also, fwiw.. this lawsuit has class action status, yes.. but as far as we know (well, me at least), there is still just the one guy suing apple..
like, this case is possibly very small or a very small nuisance for apple and it just seems bigger to people reading the headline.. "hit with class action lawsuit !1" (and the like).

Does it? I though class actions had to be certified by a judge; so filing one is not the same as having it certified. I believe the only advantage is you get the first shot at representing the class. I just find it hard to understand what is the harm or tort that occurred.
 
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