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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.

How about you check your facts before throwing insults around. The point people are making is that IUP customers were not given an EQUAL chance to pre-order an iPhone 7. By the time the website stopped freaking out, all local stock had been purchased by people who chose pick-up delivery. THAT'S not fair and that's what people are upset about.
 
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.

I agree this suit is a horrible joke and waste of resources. But your comment is not accurate. I don't expect premium access, just access. I was on the online store at 12:01, couldn't get in until 12:09 and by time I tried to reserve various different models at 12:17 was told they were all reserved nationally. I don't mind going on Friday, in fact will do it as I have done for years. But it would have been nice to have one reserved.
 
This isn't legit because apple's program promises you being able to get a new phone at the one year mark. Apple never explicitly promises what phone that is. they never said you can get a jet black iphone 128gb every year. you can get a 6s right now if you chose.

that said, it is crappy and glad to see apple taking it seriously.
 
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How? By pretending like contract law doesn't exist?
No, but what good does a Boston law firm suing Apple so they can make millions, & giving Apple's customers nothing (maybe, what: a 50 cent rebate on their next purchase?) help anyone?
The law firm should be thrown out of court for filing frivolous lawsuits.
How does a class-action suit help Apple make & ship their phones any faster, or help customers?

Laws should help everyone, not just 1 law firm that want to make millions off of Apple & Apple's customers.
 
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I can stand behind what they're trying to do here but gosh, that didn't take long.

I almost went with Apple's upgrade program before realizing that I don't need a new phone every year.
 
I must say, I've been a Mac developer since 1985, iOS since 2008, and this is the worst Apple Experience I've had. Waited till 3AM, no upgrade and no waiting list for shipment. Today, 40 minutes on phone to get to Apple, who took my info and then put me on hold another 30 minutes to get to someone else who merely verified the info, then got the EMail and promise to call in two days. I think this may work out, but I can't believe this snafu. I thought the upgrades would be easy, almost automatic, say what model you want, a credit check and you're off. Oy.
 
According to the plan as documented on Apples website, you become eligible after the 12th installment payment to upgrade. It does not stipulate anywhere that you get the upgrade on the first day of availability of a new phone.

Source -- http://www.apple.com/shop/iphone/iphone-upgrade-program

This is technically true. In a court of law that argument would hold up. However what took place is bad optics for a program that Apple has pushed pretty hard. I think that the expectation is that if you go to preorder at 3:01am under the Upgrade Program, you should be able to get any phone you want on launch day - ESPECIALLY when basically every other customer had access to a much larger pool of phones.

I purchased 4 iPhones on Friday for me and different family members. 3 of them were new IUP enrollees, and I was able to get the exact phone they wanted shipped on launch day. Supply was so good that I didn't even have to get up at 3:01, I could have done it the next day and still had launch day shipping. However my iPhone was an upgrade because I enrolled last year, and many stores near me were sold out of many models at 3:01. Luckily I live in NYC so I was able to find a store that had it, but others in areas with less stores don't have that option.

It is absolutely true that Apple makes no promise that you'll get it launch day. But given the large supply of phones that seemed to be available, it's a pretty bad look for them to screw over IUP upgraders like that. Many people will now be forced to make a 13th payment before they can upgrade. Again, that's within the rules, but it's not something that I think would be expected. If you want to get into what's "stipulated", then I counter that nowhere does it say that users upgrading will have access to a very minor pool of devices compared to customers purchasing the phone literally any other way. Had people known that last year, they may not have enrolled.

That being said, this lawsuit is ridiculous and for publicity only.
 
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I missed the part where upgrade program folks have to go in-store and deal with limited stock -- that does suck -- I just buy full retail online every year and flip whatever phone I'm using on Swappa and (effectively) pay the difference.

I understand why Apple limited the upgrade program stock at the stores -- $850 "right now" is worth more than $35/mo with 0% interest or similar. Plus, you'll have brand new people moving to iPhone rolling into the stores to buy, and if all the stock is pre-emptively taken, they're out of luck and may reconsider the platform. If you're in the program already, you're a "fan" and already sold on the platform, so while it may sound terse, you're not a priority to sell to, you're already sold and a delay probably won't change your mind.

The fair thing for the program buyers would have been to move the trade-up folks to online, and just send them a return label. Starting with the program brand new? Go to the store so they can activate and such. Upgrading? We'll send you a pre-paid label, just swap your SIM over.

I still wouldn't think there's any actual merit in the case, since A) upgraders are eligible to upgrade as soon as models are available (which AFAIK is all they promise, you CAN upgrade, not that the phone is guaranteed launch day or whatever), and B) Apple was apparently already working on making it right with anyone that has frustration about the lackluster process.

If it didn't work for anyone, it would be one thing -- however, phones were generally available, but perhaps not the color/capacity one may want. It could be that Apple did 50-50, half for program members, half for everyone else, and the upgraders ate up the desireable models on their portion before others that were upgrading got to the part.

Feels like just a way for the law firm to get lots of marketing attention for actual legitimate cases.
 
We live in a really sad society where everything you do, good or bad, can land you in a lawsuit.
 
This isn't legit because apple's program promises you being able to get a new phone at the one year mark. Apple never explicitly promises what phone that is. they never said you can get a jet black iphone 128gb every year. you can get a 6s right now if you chose.

that said, it is crappy and glad to see apple taking it seriously.

They don't even promise it at the one year mark. You have the option to upgrade after 12 payments. The 12th payment was August 26th for those that signed up day one last year. You can upgrade any time after August 26th. That's the only promise you are given and that was fulfilled.
 
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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.

agreed (i upgraded on the 26th last year), but if 1,000 people were screwed out of upgrading before their 13th payment, that's $32,000+ ($40K at my monthly payment) that apple just made because of a "glitch".

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who knows how many people this actually impacted, but i assume it was more. not saying i agree with the lawsuit, but that is a lot of money to be gained.
 
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This is why I don't get my new phone directly from Apple. I get my phone at 8:30am! Perfect no issues
 
This only applies to people that signed up and ordered their 6s iPhones on launch day or shortly after, last year, correct? How many people were able to do that?

Assuming their complaint is legitimate, wouldn't they only be entitled to compensation for the difference in value between a 6S and 7? The 6S still works. What would the compensation be if just the color you preferred was not available but another was? Many people on launch day will take a different color, gig amount or even a different size over their first choice, to get a new phone.
 
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?
They made one payment for a new phone, but the phones are delayed, so the law firm wants to pocket millions, while the customers will have to wait longer until the suit gets settled...
 
Good on them... Anyone participating in this upgrade product should be treated as royalty, end-of-story :p
 
This is what Apple gets for pandering to elitist entitled buyers. They mock Android buyers as unable to afford iPhones, holding up their iDevices as highly superior. Then Apple creates sky high expectations by positioning their products as Magical and Revolutionary. There's nothing unusual or surprising about this legal action.
 
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