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.