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Its not second class, like others have said, first come first serve. Simple supply and demand. I am not familiar with the contract of this upgrade program, but I am confident there is no distinction between someone who is participating in the upgrade program and someone who is not when the time comes to upgrade. America, resume temper tantrums.

There was two different pools of supply and demand when there should have been only one pool.
 
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Again. They didn't promise you a new phone day one. They promised you the eligibility to upgrade after 12 months. You are eligible. That has been fulfilled. Just because there are no devices doesn't mean they didn't fulfill their requirement. Devices are always short on launch day.

People in the upgrade program couldn't reserve one but if they opened a new web page to order for full price they could. See the problem?
 
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?

Surely the answer is that Apple stop charging after 11 months and only start charging again once the upgraded handset is delivered?
 
You said new phone "every year"...but a year from the last iPhone release is September 25th...so technically no one on the IUP program is eligible yet...not even when the 7 actually releases.
Exactly. And what if Apple released new devices in November this year instead of September.
 
lol boy people are insane, file a lawsuit because they didn't get their device on launch day.. WAKE UP! Never said anywhere they would get it on launch day.. the program is to get the new device yearly.. this is going no where.

Couldn't get in line? There was a 1-800 number for those in the program. You call, you get checked.. you pay.. you get reserved.. Done done done.. if you didn't follow the directions on the screen, that's not Apple's fault.
 
So? Demand was high and some people will be disappointed. No one was treater like a second class citizen, demands outstripped supply and thus not everyone gets one on Day 1.
This is wrong. If at one point you could buy any phone you wanted, people in the upgrade program were already locked out of buying a new phone. That's how it went down...you don't seem to understand that there is actual validity to the complaints...not law suit worthy, but also not as cut and dry as you are thinking.
 
Apple is announcing preorders and phone availability too soon before they have enough stock. It drives everyone crazy every year. Either this is an intentional ploy by Apple every year to create an annual frenzy, or they and Foxconn honestly can never meet a deadline.
 
In its quest for ever-increasing profit, Apple incentivises greed and entitlement and now faces a lawsuit. As ridiculous as this lawsuit is, I think it's safe to say Apple created this monster itself.
 
People in the upgrade program couldn't reserve one but if they opened a new web page to order for full price they could. See the problem?
The issue I have with this lawsuit is they haven't even given Apple a chance to remedy the problem.
 
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Laughable that people are up all night trying to get a phone. Don't get me wrong, I am a huge Apple fan, but to loose sleep for a damn phone. C'mon people, get your priorities right, be patient, and wait a few weeks until supplies are up.
And better yet, just pay cash for the phone and quit messing with upgrade programs, next, contracts or whatever. It's a phone! Laughable!!
 
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I'm sorry, but that is ridiculous.
Exactly. Welcome to America where when you don't get what you want when you want you scream and cry and sue. So tired of seeing all the frivolous lawsuits. You are not promised a new phone at launch. Get in line.
 
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It is not about not getting a phone on day one. It is about not being able to pre-order a phone on pre-order day.

Everyone except upgraders: "Sorry, out of stock. We put you in a queue for a phone, your estimated date is in three weeks."

Upgraders: "Sorry, out of stock."
 
How many people knew that they had to fulfill their "upgrade" in store only? I just ordered a new IP7 under Apples new every year program and if i had know that next year I would have to go in store i would have ordered it from AT&T. The closest Apple store is 3-4 hours away from me. I would guess that apple will change this program and let people upgrade online next upgrade cycle.
 
This is just stupid. Why must lawyers continue to do shady nonsense. Every time I tell people I'm in law school they think I'm 'scum' and going to do this type of nonsense. :(

I would never take a case like this!
I agree, whenever I hear the word "lawyer," scumbag comes to mind. Good guys like you can work to change the public's feelings toward the profession. I wish you all the best.
 
Again. They didn't promise you a new phone day one. They promised you the eligibility to upgrade after 12 months. You are eligible. That has been fulfilled. Just because there are no devices doesn't mean they didn't fulfill their requirement. Devices are always short on launch day.

i can't believe i'm arguing this, but you are completely missing the basis for the lawsuit. **i'm not agreeing with it**, but these people were put into a different line for pre-orders essentially creating a false bottleneck that will see many (who knows how many) paying their 13th bill resulting in apple making a boatload on just 1 payment times X customers. there is a point to the lawsuit, as ridiculous as it sounds.
 
How does a lawsuit come to fruition that quickly?

Block and Leviton are pros. They sue public companies as a business model. And they sue them for things as fast a stock price drop. First law firm to credibly make it to court has an advantage in being appointed by the court to represent the "class" of plaintiffs. The law firm that represents the class gets the lions share cut of the settlement or award that goes to the class. So when they see an opportunity they get a team of lawyers cranking out that Complaint and it is literally a race to the court room sometimes.
 
From waiting in lines to suing....wow.

The speed with which this lawsuit appeared (just a couple of days after the iPhone 7's release) is suspicious. I really think this was a set up, and the Law Offices of Blah Blah Blah had already set up a contingency for this lawsuit even before the September 7 keynote. Those lawyers knew that Apple had a high chance of dropping the ball one way or another, via some logistical FUBAR to be expected or some ordering hassles or delays, with so much expectation and attention.

The Law Offices were ready for this. They anticipated it, and the minute something went wrong, and someone had some type of complaint…… BOOM INSTANT LAWSUIT!
 
Is it? People bought into this program because they expected to at least have the option to choose from the full selection when their 12 months came up. I know I was very angry when it said I could only get pink 3 minutes into the store being up.
It's a phone. Not a kidney. You'll be ok waiting a few days longer. I'm sure no harm will come. Doesn't make sense to get mad you couldn't get a phone. It is a phone after all. No need to get mad.
 
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