Lawsuit says that iPhone Upgrade Program members were not able to pre-order the iPhone they wanted

Lawsuit says that iPhone Upgrade Program members were not able to pre-order the iPhone they wanted
A class-action lawsuit was filed today in in the U.S. District Court for the Northern District of California against Apple. Frank v. Apple claims that the tech titan's iPhone Upgrade Program prevented subscribers from pre-ordering the iPhone model they wanted. Instead, some who signed up for the program were told to "check back" later.

The lead plaintiff in the suit is one Emil Frank of Brooklyn, New York, who is being represented by Boston law firm Block & Leviton. The latter is hoping that more iPhone Upgrade Program participants join the lawsuit. Talking about members of the program, the suit reads, "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."

While the suit doesn't seek specific monetary damages, it requests "all damages sustained as a result of defendant's wrongdoing, in an amount to be proven at trial." A report published last week said that some Apple Stores are holding limited stock aside for members of the iPhone Upgrade Program to pick up when the new iPhone models are launched this Friday.

Unhappy members of the iPhone Upgrade Program have now been told to call customer service and speak with a specialist. During the call, the members will disclose the specific versions of the new Apple iPhone 7 and Apple iPhone 7 Plus that will be acceptable to them. Specialists are supposed to call back in 24 to 48 hours with the location where each participant can pick up a reserved iPhone, although some travel might be required. Apple will let its stores transfer inventory from one location to another, but only if the two locations are nearby.

If you are an Apple iPhone Upgrade Program member and are having problems reserving the iPhone 7 or iPhone 7 Plus model you want, call 1-800-MY-APPLE.


source: MacRumors

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22 Comments

1. sgodsell

Posts: 6655; Member since: Mar 16, 2013

What about the iPhone 6 touch disease lawsuit?

2. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

Lol, pay monthly and still not get priority service? That's BS, but I don't blame apple. Their users have shown great loyalty regardless what they get, so, they just wanted to take advantage of those same user's wallet...

10. Unordinary unregistered

This is a pompous act by pompous people. No where im my Annual Upgrade iPhone program do I see "guaranteed iPhone on launch day". Ignoranous entitled jackwagons

11. ibend

Posts: 6747; Member since: Sep 30, 2014

because they're loyal customer, they'll keep paying for apple product, no matter what happen

16. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

Never buy any advance service package, pre-pay for goods. Seller would just ignore you after receiving payment. That's how the world works, iFan's mind are very suggestive to Apple influence.

17. MrElectrifyer

Posts: 3960; Member since: Oct 21, 2014

Totally agree, that's how it is in the normal world. Can't count how many times I would have been left at the mercy of the seller's crappy customer service if I hadn't used PayPal. When you have control over the money, that's when they listen promptly, but I guess it's different in the iWorld...at least some seem to think so.

18. joey_sfb

Posts: 6794; Member since: Mar 29, 2012

No different in iWorld, they just get the shorter end of the stick every times. Just take a look at their accessories pricing compared to standard ones, microusb thumb drive vs lighting connector thumb drive. The main motivation for headphone jack removal is not courage but rather the lack of it to admit the reason is profit.

19. trojan_horse

Posts: 5868; Member since: May 06, 2016

It's clear that the removal of the 3.5mm jack is about profit, considering the fact that 3rd Party manufacturers will need a license from Apple in order to sell accessories for the iPhone7/Plus, because of Apple's proprietary port.

3. lyndon420

Posts: 6385; Member since: Jul 11, 2012

What...has the parcel delivery service stopped working or something? Lol. Geez. Apple is displaying courage again. ;)

5. darkkjedii

Posts: 30688; Member since: Feb 05, 2011

Just get your asses in line, gotta camp out myself. It's on this Thursday.

13. Scott93274

Posts: 6025; Member since: Aug 06, 2013

Wait a tick, I thought that you were going to pass on the iPhone this year? Going through new phone withdrawal and need an immediate fix?

21. darkkjedii

Posts: 30688; Member since: Feb 05, 2011

No, the Note 7 is going thru a recall, and I'm not waiting. Even when it relaunches, I won't trust it out the gate, and will wait a few months for the smoke to clear. I'll end up with both after all. And yes...I need that fix lol.

8. KingSam

Posts: 1336; Member since: Mar 13, 2016

Camp for a phone eh? Never!

9. Foxgabanna

Posts: 572; Member since: Sep 11, 2016

iPhone 7 Plus is going to be the best mobile experience ever. I simply can't wait. Toodles Samsung.

12. darkoman4

Posts: 181; Member since: May 30, 2014

LOL, this is the society today. "I don't get my toy today, I am going to sue". And these are grown up people we are talking about here.

14. Scott93274

Posts: 6025; Member since: Aug 06, 2013

"Boys never grow up, their toys just get more expensive." I heard that somewhere.... not sure where but I suppose it rings true here.

15. wkm001

Posts: 145; Member since: Feb 04, 2014

I honestly feel like they will be able to prove damages.

20. YOURDADkid unregistered

iJoke upgrade Program!! Lol Apple never delivers what they Commit and iSheeps (Kiko007 please correct it) Love it.

22. Luigy04

Posts: 35; Member since: Sep 09, 2014

So, people who payed that for being the first on receiving the device, they won't do it... because Apple YEAH... iLoyalty Program (pay me because I'm Apple and shut up)... I can't handle it... XXXDDDDD

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