US: New Yorker sues Apple over botched iPhone Upgrade Program pre-order

Thứ Tư, 14/09/2016, 19:27

A New York man yesterday sued Apple in federal court, claiming that the company misled him and others when it pitched the iPhone Upgrade Program last year. The lawsuit asked for class action status, a move that if approved would let others join the case.

Emil Frank of Brooklyn, N.Y., complained that he had not been able to pre-order an iPhone 7 or 7 Plus on 9th September because Apple limited the number of devices for Upgrade Program participants while letting others reserve new phones.

"[Apple] allowed non-iPhone Upgrade Program customers to snap up the limited inventory of the new devices while telling countless iPhone Upgrade Program customers to 'check back later,'" Frank asserted.

Frank was frustrated when he tried to order a replacement for his current iPhone 6S Plus.

Because he was unable to pre-order an iPhone 7 or 7 Plus under the Upgrade Program, Frank purchased a new phone for around $950. But he will still be obligated to make another year's worth of payments on his iPhone 6S Plus.

Frank's argument was that while Apple had a large stock of new iPhones to distribute as pre-orders, it limited the number it allocated to each store that were to be set aside for Upgrade Program participants. Most of those who signed up, Frank's lawsuit contended, would thus not be able to get a new iPhone with 12 months of their prior purchase, as Apple promised.

Frank's lawsuit charged Apple with violations of both federal and California state laws, and besides seeking class-action status, demanded unspecified "compensatory and punitive damages."

Frank was represented by Boston-based law firm Block & Leviton, which on its website solicited other Upgrade Program participants who "have been affected by these issues."

ComputerWorld