What exactly are you gaining by implying that you're superior to others based on the amount of money you can part with every 12 months?
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Apple Hit With Class Action Lawsuit Over iPhone Upgrade Program Woes
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What exactly are you gaining by implying that you're superior to others based on the amount of money you can part with every 12 months?
you mean ... they made a payment, right? one person did not make payments- the phone just came out. did they make 12 payments? or 11?
Apple has never said that those who participate in the program get earlier access to the newest model. This is a first world problem if I've ever seen one.
wahh wahh, sue happy nation.
Nothing better to due than sue, sue, sue.
This is a first world problem... I can't get my iPhone....
Wow!
For all of you who are taking the time to write that this lawsuit is "ridiculous", you're obviously not a member of the Iphone Upgrade Program and/or do not understand the facts. As a member of this program from day 1 when the Iphone 6S was released, Apple promoted their new program with the enticement of being able to "order" the new iPhone yearly as they were released. During the preorder last week, I along with countless others were told pretty much, sorry, come back another time, you cannot order a phone. Not even the option to order for delivery weeks from now. No one is asking for special rules, just the ability to order a new phone as everyone else. It is not a coincidence that Apple has now begun helping it's old Upgrade Program members. They new this was coming down the mountain to hit them.
So you think it is worth suing? Wasting time when the judiciary could be working on real cases? Does your anger justify wasting others tax dollars? It's an iPhone not an epipen.
I'm ... confused by this. I'm an IUP customer and I do have a phone on hold for me at the local store for Friday.
But the system worked exactly as I expected it would. I have to pick up in person because I'm not a new enrolee and I'll be replacing a 6s Plus that's just outright too big for my hands. As a result, I have a phone that needs to be turned in as per the upgrade program agreement. At the time I ordered, the store had a phone to offer me and a time slot to offer me for pickup. If I'd been a little late on my order and there hadn't been any stock left, I'd have had to wait just like I do at any other store that's run out of product and has to order more from its distributor.
What exactly are the stores expected to do once they've run out of the phones set aside for the upgrade program? When a store is sold out of something, it is sold out. they can't just conjure more product from thin air. If I complain about the lack of product, I'll just get laughed at and told that the product just doesn't grow on trees and to come back later when there's stock.
Do people sue when the grocery store is out of whole milk and all that's left is skim and 2%? No, they go elsewhere or buy 2% or skim.
And I don't recall seeing anything in the IUP agreement stating that I'd be given priority. I just managed to get the phone I wanted when I wanted it because I managed to request it before the stock was run down and the time slots were gone. Nothing more than that. IUP doesn't say "you'll get a phone before everyone else does", it just tells me how I can pay for the phone and when (if) it must be turned back in and what the payment will be and how many payments will be owed. That's it.
Humanity disappoints me sometimes. This is one of those times.
But the system worked exactly as I expected it would. I have to pick up in person because I'm not a new enrolee and I'll be replacing a 6s Plus that's just outright too big for my hands. As a result, I have a phone that needs to be turned in as per the upgrade program agreement. At the time I ordered, the store had a phone to offer me and a time slot to offer me for pickup. If I'd been a little late on my order and there hadn't been any stock left, I'd have had to wait just like I do at any other store that's run out of product and has to order more from its distributor.
What exactly are the stores expected to do once they've run out of the phones set aside for the upgrade program? When a store is sold out of something, it is sold out. they can't just conjure more product from thin air. If I complain about the lack of product, I'll just get laughed at and told that the product just doesn't grow on trees and to come back later when there's stock.
Do people sue when the grocery store is out of whole milk and all that's left is skim and 2%? No, they go elsewhere or buy 2% or skim.
And I don't recall seeing anything in the IUP agreement stating that I'd be given priority. I just managed to get the phone I wanted when I wanted it because I managed to request it before the stock was run down and the time slots were gone. Nothing more than that. IUP doesn't say "you'll get a phone before everyone else does", it just tells me how I can pay for the phone and when (if) it must be turned back in and what the payment will be and how many payments will be owed. That's it.
Humanity disappoints me sometimes. This is one of those times.
I am a huge Apple fan and love their products, but they are so wrong on this one. They are quick to take your money to get you to sign up but they aren't quick to get you the phones? Not very Apple like.
Putting greed and first-world problems aside, it would be a nice gesture from Apple to be eligible for an upgrade again in September 2017, regardless of when we actually get our hands on the iPhone 7. But a class action suit does sound extreme.
First-world problem or not, it's a breach of contract issue. If you advertise being able to upgrade every 12 months, you can't extend that period (no matter the reason). You are providing less than the "bargained for" agreement.
First-world problem or not, it's a breach of contract issue. If you advertise being able to upgrade every 12 months, you can't extend that period (no matter the reason). You are providing less than the "bargained for" agreement.
I am part of the program and I think this lawsuit is stupid. I am also part of the program from day one. Apple has never once said being part of the program gaurentees you a new device on launch day the next year. Plain and simple as that.
Instant Gratification problems, geese. I'm going to wait like a few months anyway to get the new iPhone 7 upgrade, when my upgrade is up and a lot cheaper on the monthly upgrade program. Don't need to have new iPhone upgrade every 6 months. Hell, I just did 3GS, 4S, 6, and soon to be 7. Nothing to do with back to back. I kept all of them too for my own collection.
Well that's not necessarily true. People who are currently customers of Apples program did not get the same treatment as a new customer, they got worse treatment. I agree the lawsuit is stupid, but Apple should have at least treated everyone the same.
How does a lawsuit come to fruition that quickly?
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.
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
If you are on the program, you will understand the issue.
The promise was that people can get a new iPhone every year. Not every 13 months. It's also a reasonable expectation that the new iPhone described is the model that the customer wants.
People on the program, if they want the black 7 plus, they are not likely going to get it before the 13th payment.
I am on the program, and I kept refreshing since 12:00 on multiple devices. By the time it loads, which was about 12:07, all blacks 7 plus were gone. After browsing for bit more on other devices, I ordered a Jet Black 7 plus, and the delivery date is mid October. I will definitely bring it to Apple and ask them to covert it to my upgrade program.
The promise was that people can get a new iPhone every year. Not every 13 months. It's also a reasonable expectation that the new iPhone described is the model that the customer wants.
People on the program, if they want the black 7 plus, they are not likely going to get it before the 13th payment.
I am on the program, and I kept refreshing since 12:00 on multiple devices. By the time it loads, which was about 12:07, all blacks 7 plus were gone. After browsing for bit more on other devices, I ordered a Jet Black 7 plus, and the delivery date is mid October. I will definitely bring it to Apple and ask them to covert it to my upgrade program.
The suit is ridiculous but - it is sketchy that the upgrade program customers couldn't reserve on preorder day. I was actually deciding to go with IUP or normal 24 mo payment, and decided the latter due to availability being much better for normal 24 mo payment.
I'm on the program. I understand the issue. The issue is not worth suing over.
I agree.
While I think there is a larger issue and that the lawsuit is not needed in the end. The point of the arguments to me seem reasonable. Considering that the from the Apple view point that the lease / purchase plan in a binding contract and that non-payment or other types of default would have some level of financial impact on the both parties. Apple should respond to the issues immediately.
I would expect the Judge to ask Apple if there is a plan to remedy the issue and if acceptable and reasonable the judge will put this on hold to see if the issue is resolved. At this point I think that Apple is just being forced to move this issue up in a list of priorities.
As far as the law firm, I hope they manage this for free. Especially if the root / main person complaining is in any way connected to the law firm.
Where in my post did I say i was guaranteed a phone on launch day? If you read it again, I said a chance to order a phone. Just like everyone else, for whenever it would be delivered or available for pickup. No special treatment.
I ask you as well, respectfully, how are you damaged? That's the basis of a lawsuit- financial or equitable relief. So how are you in better shape if Apple delivers your phone on launch day? What will you lose by not having a phone on release day? What did you pay Apple in exchange for their promise to deliver on launch day- which was never a promise as far as I'm aware? There is no reasonable expectation or reliance remedy in this situation.
The program requires you to turn in the device on scene. So you couldn't have had the phone shipped. That's in the terms and conditions of the contract you signed last year. It's not like AT&T. So it was always going to be a struggle to get a device for day one. It still is not a matter to sue over.