With only days before the iPhone 7 hits the streets, a new class-action lawsuit has been filed against Apple for not having enough iPhones for the persons who signed up for the program, which basically means that those people feel “shut out” of the process.
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.
Web site AppleInsider.com 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.
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