Apple Hit With Class Action Lawsuit Over iPhone Upgrade Program Woes

Boston law firm Block & Leviton today announced it has filed a class action lawsuit against Apple on behalf of iPhone Upgrade customers who are dissatisfied with how Apple handled iPhone 7 and iPhone 7 Plus pre-orders last Friday.

When customers who participate in the iPhone Upgrade Program went to pre-order an iPhone 7 or 7 Plus, they were forced to reserve a device from a local Apple retail store rather than being able to make a traditional online purchase. Many retail stores did not have sufficient stock to meet demand, leaving some customers unable to select the model, color, or storage capacity they desired.

iphone7lineup
Many iPhone Upgrade Program members were unhappy with the ordering process and an inability to reserve a desired iPhone for launch day. Apple has responded to customer frustration and has been collecting customer information to attempt to get customers their iPhones as soon as possible. Apple's efforts have not, however, prevented today's lawsuit, which claims iPhone Upgrade Program users will face future upgrade delays due to the situation.

But, the lawsuit alleges, iPhone Upgrade Program customers, unlike every other customer, were shut out from reserving the most in-demand phone models and colors.

These customers are unable to "get in line" to reserve their favored devices. Instead, they are told to simply "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 lawsuit alleges.

The lawsuit asks Apple to reimburse iPhone Upgrade members who are forced to make extra payments while waiting for a new iPhone, make upgrade members eligible for a 2017 iPhone in September regardless of upgrade delays, and seeks to require Apple to make all of its iPhone inventory available to upgrade members.

Apple's iPhone Upgrade Program, arguably designed for the company's staunchest fans, allows customers to upgrade to a new iPhone each year. Customers can upgrade after as little as six months, so long as they have made 12 iPhone payments and trade in the iPhone in question when upgrading.

Top Rated Comments

Amorie Avatar
76 months ago
I'm sorry, but that is ridiculous.
Score: 153 Votes (Like | Disagree)
shk718 Avatar
76 months ago
This is a moronic first world problem, just pure disgusting greed on the part of skumbag Lawyers looking for any stupid reason to sue and make money - and i'm in the iUP program. All these frivolous lawsuits cause so much more damage than the alleged "problems" they fix. Our insurance rates are going thru the roof because of these stupid lawsuits. Not getting an iphone on launch day is not an issue that harms anyone and I'm sure Apple will make good on any payments made in errs. The judge that allows this case to go thru needs to be put out to pasture and replaced. My life will somehow continue if I don't get the phone this friday . And guess what - COFFEE IS FREAKING HOT!!!!!
Score: 69 Votes (Like | Disagree)
EBone12355 Avatar
76 months ago
Talk about first world problems.
Score: 47 Votes (Like | Disagree)
soupcan Avatar
76 months ago
First come, first serve folks. Just because you're already in the upgrade program doesn't give you premium access to a new iPhone every time.

What a massive joke.
Score: 41 Votes (Like | Disagree)
monty77 Avatar
76 months ago
I'm sorry, but that is rediculous.
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?
Score: 38 Votes (Like | Disagree)
BigPrince Avatar
76 months ago
First come, first serve folks. Just because you're already in the upgrade program doesn't give you premium access to a new iPhone every time.

What a massive joke.
I think the problem was no one expected to sign up for this program and be treated second class.

There were tons of people who woke up early on pre-order day and were denied the opportunity that every other purchaser had who also woke up early on pre-order day.
Score: 33 Votes (Like | Disagree)

Popular Stories

2022 back to school apple

Apple Launches 2022 Back to School Offer: Up to $150 Gift Card With Mac or iPad

Friday June 24, 2022 5:08 am PDT by
Apple today launched its annual "Back to School" promotion for college/university students in the United States and Canada. This year's promotion offers a free Apple gift card with the purchase of an eligible Mac or iPad, rather than free AirPods like last year. Apple is also offering students 20% off AppleCare+ plans during the promotion. Apple is offering a $150 gift card with the purchase ...
apple ar headset concept 2

Apple CEO Tim Cook Hints at AR/VR Headset: 'Stay Tuned and You'll See What We Have to Offer'

Wednesday June 22, 2022 6:34 pm PDT by
CEO Tim Cook this week did an interview with China Daily, where he once again commented on on the future of augmented reality and hinted at Apple's work on an AR/VR headset. Render via designer Ian Zelbo Cook said that Apple is excited about the opportunities available with augmented reality, which is not too far off from prior comments that he's made, but he went on to say that people should ...
airpods pro 2 1

AirPods Pro 2 Said to Feature Upgraded H1 Chip, Find My, Heart Rate Detection, USB-C and More

Friday June 24, 2022 9:48 am PDT by
The next-generation AirPods Pro could come with a long list of new features that include heart rate detection, the ability to function as a hearing aid, and a USB-C port according to a report from 52Audio. The site claims that it has received new information on the AirPods Pro 2, and it has used that information to provide some renders on what the earbuds might look like. Design wise, there...
customize wallpaper setting ios 16

iOS 16 Beta 2 Tidbits: New Wallpaper Colors, Backup Over LTE, SMS Filtering and More

Wednesday June 22, 2022 2:16 pm PDT by
Apple today seeded the second betas of iOS 16 and iPadOS 16 to developers for testing purposes, and the new betas introduce new features and refine some of the changes that Apple made with the first iOS 16 release. Subscribe to the MacRumors YouTube channel for more videos. Lock Screen Photo Wallpaper Customization When customizing a photo on the Lock Screen, there are two new DuoTone and...
home app ios 16

Apple Confirms iPad Will No Longer Be Supported as a Home Hub in iOS 16

Wednesday June 22, 2022 12:38 pm PDT by
The iPad will no longer be able to be used as a home hub following the launch of iOS 16, iPadOS 16, macOS Ventura, and the HomePod 16 software this fall, Apple confirmed today. As discovered in iOS 16 code by MacRumors contributor Steve Moser, Apple says that the iPad will no longer be supported as a home hub. This information will be displayed in the Home app after updating to iOS 16.A home ...
apple ar headset concept 1

Apple Rumored to Announce 'Game-Changer' AR/VR Headset in January 2023

Friday June 24, 2022 2:52 am PDT by
Apple is "likely" to announce its long-rumored mixed-reality headset as soon as January 2023, Apple analyst Ming-Chi Kuo has reiterated. Concept render based on purported leaked information by Ian Zelbo In a detailed post on Medium, Kuo explained that Apple's headset will be a "game-changer" for the augmented-reality and virtual-reality market. Describing some of the headset's...