In 2015 Apple introduced a program called the “iPhone Upgrade Program.” The promise of the program was that customers could make a simple monthly payment and then, each year, upgrade their iPhone to the newest model. Apple promised iPhone Upgrade Program customers a new phone every single year. While scores of customers signed up for the program and were ready to take advantage of the every-year upgrade with the release of the new iPhone 7 and 7 Plus on September 9, 2016, Apple had a different plan in mind. It 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.”
This class action complaint seeks to hold Apple responsible for its misleading marketing of the iPhone Upgrade Program. Specifically, Plaintiff seeks compensatory and injunctive relief that (a) reimburses the class for any extra payments they have made or will need to make on their 2015- purchased iPhones while they wait for a new iPhone; (b) retains their eligibility for an iPhone upgrade in September 2017 even if they have not been able to make 12 payments on their 2016 device because of the Apple-imposed delay; (c) requires Apple to offer their full inventory to all customers, and to stop limiting the availability of devices to customers using the iPhone Upgrade Program; and (d) allows aggrieved consumers to return their 2015-purchased iPhones and end their participation in the iPhone Upgrade Program with no further obligations.
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