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Calm down people.

It's been like 2-3 days since the phone was even announced.

The phone hasn't even been released and you're already tripping out before Apple can deliever the proper solution.

How much do you want out of this lawsuit lol?
 
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But really, demanding they have access to the entire inventory? Apple has to fulfill its commitments to customers that managed to get a valid order through already with that inventory. The most they should really hope for is an expedited path from this point going forward towards getting their new phone, something it sounds like Apple is already working towards. Heck, for all we know, Apple was already implementing all of that.

Demanding access to the entire inventory is a little ridiculous. I could, however, see an argument for having them pull from the same pool of phones as the rest of the preorders instead of reserving from what seemed to be a different pool.
 
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?

Okay, and when the simple reality is that Apple doesn't have enough iPhones to give everyone one on day one, what do you expect them to do?

You only paid for 12 months. They should take away the phone you already have after the 12 months - you only paid half of what that phone is worth.

Apple should slightly reduce the 13th payment to reflect the fact you no longer have the latest and greatest. I think that would be perfectly fair. Instead of making your 13th payment be $32.41 like the 12th one, maybe drop it to $29.
 
I'm actually ok with this, since the iPhone Upgrade Program members that are shut out from getting the new phone in the first month have a financial impact.

Someone who purchased a 6s on launch day is eligible to upgrade after making 12 months worth of payments. If they are not allowed to purchase a phone until their 13th or 14th month of payments, they will not only have to pay those two payments, but will be forced to prepay another 1-2 months of payments if they want the next phone on launch week next year.

If Apple chooses to make it up to these users and allow an upgrade after less than 12 months of payments, the lawsuit is a moot point.

100% agree. And the only way Apple will make it right is from a lawsuit.
 
No one has paid 13. The 13th payment wouldn't start until September 26th at the earliest. I signed up launch day, which was 9/25/15 and my monthly payments started out on 9/28/15. Still 16 days away.

And if you can't get your phone until the end of November? You okay with not getting the 12-month upgrade cycle you signed up for and were paying extra for this year? That's the point, and Apple wouldn't be making arrangements on their end to help if they disagreed.
 
Wow all those times I had bad customer service..... I could've sued! Damn! I could've been rich!
 
Yeah, the lawyers get millions, Apple gets more delays & wastes more time & money & resources to make a law firm in Boston millions (maybe,) while customers still get nothing but extra wait times. How the f does suing Apple speed up production?!
god you americans are freaking stupid idiots.
 
Demanding access to the entire inventory is a little ridiculous. I could, however, see an argument for having them pull from the same pool of phones as the rest of the preorders instead of reserving from what seemed to be a different pool.

I am pretty sure that's what it means. They don't want a weird separate inventory that apparently didn't have the most in-demand models at all.
 
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.
 
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'm in no way condoning the law suit nor complaining about the system...however, it failed. It appears we were not in the same queue with any average joe who logged in because we also required an in store reservation to make the exchange. That alone complicates the process and makes it harder.
 
Wow, they really sue you over anything up there.

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Jeez. This is quick.

I'm sure Apple will make it right and the people will get their phones and will probably get a credit of some sort or an App Store or iTunes credit, etc.
Apple WOULD make it right, but now they will have to waste time, money & resources in court fighting this bull.
 
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If two or more parties make a contract and either party does not fulfill their end, then the offending party is in breach of contract and can be held liable. Apple is liable if they don't deliver what they had people paying for. This isn't "whining" this is basic property law. You'd think a company of it's size, money hoard, and ego would've seen his coming.
 
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Remember when class action lawsuits were filed as a result of real problems caused by things like pharmaceuticals or asbestos? Granted, I got a Sept. 16th delivery date so I guess I can't complain, but still, this seems like an over-reaction
thank god i'm canadian & we don't have this crap
 
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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.

To be fair, since people seem to keep missing this point, it's not about priority access. It's about them, because they were signed up into the program, having a separate and much more limited inventory of products that didn't give them the option of finding the models they wanted at all. People got onto the store right away and were told that the models were sold out, but if you were NOT in the upgrade program then the very same models were available. Therefore they not only didn't have an advantage, they actually were at a disadvantage because they chose to participate in a program that said they would be able to get a new phone in 12 months. That really didn't work, but thankfully Apple's already working to take care of all of those people.
 
Here's my experience so far with the Upgrade Program.
  1. Almost non-existent stock on launch night. 0 Jet Black in 7 Plus.
  2. Called Saturday (9/10) night once I noticed the website changed. Specialist took my info and model preference. Said I would be called back within 48 hours with an update.
  3. I preemptively called Apple a few minutes ago to check for an update. After 2 hours on hold, an iPhone Upgrade Program rep told the rep that answered my call that they did have my information, but "48 hours" didn't include weekends. So I guess I might not hear back until Wednesday?
Not sure I really agree with the class-action lawsuit, but still very disappointed with the way Apple has run this so far.
 
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