Presumably Apple had lawyers go over its original agreement in the Upgrade Program to address contingencies such as short supply of a new product.
The people behind this lawsuit are pretty much everything that is wrong with Western Civilization. They are exploiting laws that were intended to give people a means to redress serious life-altering negligence and fraud by corporations (i.e. you sold us baby formula with mercury in it and our infant died) and using them to try and extort money from corporations over every trivial inconvenience they can dream up (I didn't get my new iPhone until Wednesday OMG!)
If an individual met the terms and conditions for upgrade, then, to the extent that Apple failed to deliver what they promised to deliver, Apple should be held accountable.
That said, I'd be at least mildly surprised if the upgrade agreement didn't include some language protecting them from this sort of thing.
From what I've seen, most of the time class action suits aren't initiated by individuals, but rather by lawyers advertising "has this happened to you?"
The courts have better things to do that deal with whiny consumers who can't get an iPhone on launch day... like... hearing cases about exploding Note 7's causing injury and/or property damage. Ridiculous.
If an individual met the terms and conditions for upgrade, then, to the extent that Apple failed to deliver what they promised to deliver, Apple should be held accountable.
That said, I'd be at least mildly surprised if the upgrade agreement didn't include some language protecting them from this sort of thing.
From what I've seen, most of the time class action suits aren't initiated by individuals, but rather by lawyers advertising "has this happened to you?"
One would think Language would be there, but it is NOT!!
We joined the plan AND pay a premium for the ability to get a new phone every 12 months, NOT 13 months, NOT 12 months and 2 weeks, GET IT? Apple only allowed a small percentage of those on to be able to take advantage of the agreement as it was presented upon signing up. Why would anyone pay more on a bogus plan if they knew they would need to wait longer then the release date to get a new phone??? Those not on the plan were allowed to order longer then those on the plan. It is estimated that 37% of those that purchased the 6s or 6S plus, opted for the apple purchase plan. Upon the release of the new 7 and 7 plus , only 10% of those on the plan were able to upgrade. Others ( 90%) will be force to wait (and pay another months rent ) on their current phone. In turn- they must now either make one additional payment to get one NEXT September, or wait the 12 month period- again not on release date as stated in the sales pitch. As an Apple shareholder, I feel this is a Scam of some sort -OR- a major screw up on apples part to their loyal customers.
Presumably Apple had lawyers go over its original agreement in the Upgrade Program to address contingencies such as short supply of a new product.
The people behind this lawsuit are pretty much everything that is wrong with Western Civilization. They are exploiting laws that were intended to give people a means to redress serious life-altering negligence and fraud by corporations (i.e. you sold us baby formula with mercury in it and our infant died) and using them to try and extort money from corporations over every trivial inconvenience they can dream up (I didn't get my new iPhone until Wednesday OMG!)
You didn't sign up for the apple upgrade plan, lucky you. Look on these posts for the link to the agreement, educate your self and then comment.
If an individual met the terms and conditions for upgrade, then, to the extent that Apple failed to deliver what they promised to deliver, Apple should be held accountable.
Not delivering a phone on the first day of its availability is hardly the same as "failing to deliver." In the absence of a specified delivery date,, courts generally expect a contract to be fulfilled in a reasonable period of time. People throwing hissy fits because they can't get their new phone at 8:00 am Friday morning are being emotional, not reasonable.
If an individual met the terms and conditions for upgrade, then, to the extent that Apple failed to deliver what they promised to deliver, Apple should be held accountable.
Not delivering a phone on the first day of its availability is hardly the same as "failing to deliver." In the absence of a specified delivery date,, courts generally expect a contract to be fulfilled in a reasonable period of time. People throwing hissy fits because they can't get their new phone at 8:00 am Friday morning are being emotional, not reasonable.
My statement "...to the extent Apple failed to deliver..." makes no claim as to whether Apple failed to meet its obligations, nor does it say or imply that "not delivering a phone on the first day of its availability" is any indication of such failure.
We joined the plan AND pay a premium for the ability to get a new phone every 12 months, NOT 13 months, NOT 12 months and 2 weeks, GET IT?
I'm guessing you didn't read the part about availability, nor the part where "12 months" is only part of the condition that must be met to get a new phone.
Comments
The people behind this lawsuit are pretty much everything that is wrong with Western Civilization. They are exploiting laws that were intended to give people a means to redress serious life-altering negligence and fraud by corporations (i.e. you sold us baby formula with mercury in it and our infant died) and using them to try and extort money from corporations over every trivial inconvenience they can dream up (I didn't get my new iPhone until Wednesday OMG!)
If an individual met the terms and conditions for upgrade, then, to the extent that Apple failed to deliver what they promised to deliver, Apple should be held accountable.
That said, I'd be at least mildly surprised if the upgrade agreement didn't include some language protecting them from this sort of thing.
From what I've seen, most of the time class action suits aren't initiated by individuals, but rather by lawyers advertising "has this happened to you?"
One would think Language would be there, but it is NOT!!
http://www.apple.com/legal/sales-support/iphoneupgrade_us/
We joined the plan AND pay a premium for the ability to get a new phone every 12 months, NOT 13 months, NOT 12 months and 2 weeks, GET IT? Apple only allowed a small percentage of those on to be able to take advantage of the agreement as it was presented upon signing up. Why would anyone pay more on a bogus plan if they knew they would need to wait longer then the release date to get a new phone??? Those not on the plan were allowed to order longer then those on the plan. It is estimated that 37% of those that purchased the 6s or 6S plus, opted for the apple purchase plan. Upon the release of the new 7 and 7 plus , only 10% of those on the plan were able to upgrade. Others ( 90%) will be force to wait (and pay another months rent ) on their current phone. In turn- they must now either make one additional payment to get one NEXT September, or wait the 12 month period- again not on release date as stated in the sales pitch. As an Apple shareholder, I feel this is a Scam of some sort -OR- a major screw up on apples part to their loyal customers.
You didn't sign up for the apple upgrade plan, lucky you. Look on these posts for the link to the agreement, educate your self and then comment.
My statement "...to the extent Apple failed to deliver..." makes no claim as to whether Apple failed to meet its obligations, nor does it say or imply that "not delivering a phone on the first day of its availability" is any indication of such failure.
I'm guessing you didn't read the part about availability, nor the part where "12 months" is only part of the condition that must be met to get a new phone.