Class-action lawsuit targets Apple's iPhone Upgrade Program

AppleInsider · September 12, 2016 10:25PM

Just days before the iPhone 7 is set to launch, customers are hoping to take Apple to task over its iPhone Upgrade Program, with a new class-action lawsuit asserting that some who signed up are "shut out of receiving the latest iPhones."

Image: https://photos.appleinsider.com/gallery/18241-16614-Screen-Shot-2016-09-12-at-51818-PM-l.jpg

Frank v. Apple Inc. was filed on Monday in the U.S. District Court for the Northern District of California. Law firm Block & Leviton issued a press release announcing it is representing the complainants in the suit, led by plaintiff Emil Frank of Brooklyn, New York.

The lawsuit alleges that Apple's iPhone Upgrade Program prevents customers from getting "in line" to reserve a handset on launch day. Instead, the complaint says, members of the program have been told to "check back."

"In the meantime, they will continue to be required to make monthly payments on their older iPhones, and their eligibility for future iPhones will be delayed," the suit claims.

The Boston-based firm responsible for the class-action suit is hoping customers will contact them and opt in on the litigation.

The lawsuit doesn't name a dollar amount that the plaintiffs seek, but does seek reimbursement for "all damages sustained as a result of Defendant's wrongdoing, in an amount to be proven at trial," as well as applicable attorneys' and experts' fees.

AppleInsider was first to report on Monday that Apple has begun allowing participants in its iPhone Upgrade Program to call customer service. There, some customers are being presented with additional options for preorder, beyond what is available on the website.

It was also revealed by AppleInsider last week that some Apple retail store stock on release day will be reserved for Apple Upgrade Program members. Quantities of the iPhone 7 to be available remain unknown.

revenant · September 12, 2016 10:29PM

really? did they pay more than one month? "months"? come on. people just want free money no matter what the imagine slight.

mdriftmeyer · September 12, 2016 10:37PM

Sorry Emily, you're too fat and ugly of mind to deserve this upgrade.

fallenjt · September 12, 2016 10:56PM

How can we stop all the stupidity from the American?

PITIRIM · September 12, 2016 10:57PM

I am in the upgrade program. At 330am est, I was not able to find a store to swap but mail delivery was available. I selected it. Scheduled arrival is next week. Apple support told me to just go in any store for the swap and bring the old and new phone. Trouble is without reservation not sure I have to wait in line for hours just to swap.

jungmark · September 12, 2016 11:16PM

Did the upgrade program guarantee a new iPhone on launch weekend? I didn't read the terms and conditions as I'm not part of the program.

Lawyers.

jdgaz · September 12, 2016 11:30PM

Ambulance chasers. I hope the judge fines the lawyers for wasting apples and the governments time.

d.j. adequate · September 12, 2016 11:48PM

It's just not an Apple launch without a class action suit. It's part of the pageantry of the season.

eriamjh · September 12, 2016 11:49PM

By the time this lawsuit goes anywhere, they will have their phones and the suit will be dismissed.

Please do the "touch disease" case.

thewhitefalcon · September 13, 2016 12:01AM

fallenjt said:

How can we stop all the stupidity from the American?

Speaking of stupidity, you might want to research plurals.

barthrh · September 13, 2016 12:08AM

I'm going to guess that the upgrade program agreement is pretty clear that you're not guaranteed a phone the day it comes out. This is a blend of ambulance chasing and the very worst of consumerism / entitlement; the quintessential First World Problem.

stantheman · September 13, 2016 12:12AM

The complaint of the customer: he couldn't get into line for a new iPhone on the first day, and couldn't wait to hear back from Apple before calling his ambulance chasing lawyer.

techguy911 · September 13, 2016 12:15AM

What damages can they claim here? Have people really lost money or been defrauded because it took a few extra weeks to get the latest iDevice? I agree it's frustrating to have issues on launch day and miss out on being the first, but that's a customer support issue, not a lawsuit that you can win.

rogifan_new · September 13, 2016 12:17AM

jungmark said:

Did the upgrade program guarantee a new iPhone on launch weekend? I didn't read the terms and conditions as I'm not part of the program.

Lawyers.

No and this lawsuit is stupid. But the fact that Apple is reaching out to IUP customers says they know they screwed up. IUP customers are loyal customers. Why piss them off, especially when Apple likely wants more people in this program.

Soli · September 13, 2016 12:18AM

barthrh said:

I'm going to guess that the upgrade program agreement is pretty clear that you're not guaranteed a phone the day it comes out. This is a blend of ambulance chasing and the very worst of consumerism / entitlement; the quintessential First World Problem.

It's sickening to me as someone who is part of the iPhone Upgrade Program. I don't want to be associated with these vocal, entitlists. I even made sure I was extra courteous with when I called Apple today to get on the waiting on list just because I figure those poor CSRs are having a shit day all ready with all the calls and then occasionally having to get an earful from a douche-nozzel about how they're "more loyal" than other Apple customers as proof that Apple deserves to give them special treatment. I hope they all move Android and leave Apple behind forever.

The funny thing is we're still about 2 weeks before we hit a full year since the last iPhone hit the market.

stanhope · September 13, 2016 1:04AM

If you think Apple is bad...try Sprint. On the phone literally 5+ hours, told 5 different stories/costs none of which bore any resemblence to the program benefits delineated when getting the phone last year (I took pics of the point of sale collateral materials). Sprint's iPhone Forever means you will be on the phone forever interacting with people who either were never trained or never had a brain. At one point i said to the representative, "did you listen to yourself?" A complete disgrace.

razormaid · September 13, 2016 1:18AM

It's 12 months (to the day so preorder we ALWAYS be too soon) and you have had to pay 50% of the contract too. In other words
$41 x 12 = $492
but if you hadn't physically paid or Apple hasn't received the 12th payment because not due till the 21st then you will
1. Be short 12 months
2. Be short paying 50% before eligible

thats whats hlong on im side because last year the ext plan was ONLY available at the store. Phone didn't come out till 19th so of course they don't qualify yet it's the 12th today

maestro64 · September 13, 2016 1:27AM

I think you can trade in any time after the 12th months so if you bought in Sept last years they means you have until the end of October to swap for a new phone. As most of you already figured out, the guy jumped the gun and is out anything until after the end of Oct. But you can trade in any time after the 12th months, it does not say you are prorated if you trade in on the 15th month. But the phone becomes yours after the 24th month. This will get tossed, but the guy got his name all over the internet today.

Soli · September 13, 2016 1:39AM

razormaid said:

It's 12 months (to the day so preorder we ALWAYS be too soon) and you have had to pay 50% of the contract too. In other words
$41 x 12 = $492
but if you hadn't physically paid or Apple hasn't received the 12th payment because not due till the 21st then you will
1. Be short 12 months
2. Be short paying 50% before eligible

thats whats hlong on im side because last year the ext plan was ONLY available at the store. Phone didn't come out till 19th so of course they don't qualify yet it's the 12th today

maestro64 said:

I think you can trade in any time after the 12th months so if you bought in Sept last years they means you have until the end of October to swap for a new phone. As most of you already figured out, the guy jumped the gun and is out anything until after the end of Oct. But you can trade in any time after the 12th months, it does not say you are prorated if you trade in on the 15th month. But the phone becomes yours after the 24th month. This will get tossed, but the guy got his name all over the internet today.

After 6 months you can upgrade or downgrade, but you have to have made 12 payments. If they take the tax + the first payment, then just after 11 months after you signed up would your 12 payment have gone through, assuming that they then use that day for the payment each month. You can also make an extra payment.

Not matter who you slice it, 12 payments doesn't necessarily mean 12 months, it only means 1/2 of he retail price for the device plus AC+ has been paid off.

techaccident · September 13, 2016 3:42AM

I'm in the upgrade program. I'm resigned to wait and let that first batch float on by before I go fishing, no matter what. I'll suffer, yea suffer with my outmodadated 6S just a little longer. O the humanity.

viclauyyc · September 13, 2016 4:25AM

PITIRIM said:

I am in the upgrade program. At 330am est, I was not able to find a store to swap but mail delivery was available. I selected it. Scheduled arrival is next week. Apple support told me to just go in any store for the swap and bring the old and new phone. Trouble is without reservation not sure I have to wait in line for hours just to swap.

Just go to the Apple Store and talk directly to the blue Tee. They should have a special side line for other things, like yours

Class-action lawsuit targets Apple's iPhone Upgrade Program

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