iPhone upgraders are suing Apple, saying it’s putting new customers first


The suit, filed Monday, seeks an injunction and unspecified damages.

Apple is facing a lawsuit charging the company’s iPhone 7 pre-order system prioritized new orders over existing Apple Upgrade Program members seeking to trade in their existing device.

“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, Apple had a different plan in mind,” according to a lawsuit filed Monday in U.S. District Court in Northern California. “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.’”

The lawsuit seeks an injunction and unspecified damages on behalf of Brooklyn resident Emil Frank as well as all others who are part of the upgrade program, which Apple introduced last year. Under the program, Apple sells new iPhones directly to customers in 24 monthly installments, though participants are supposed to be able to upgrade each year.

An Apple representative was not immediately available for comment.

The suit claims that not only are participants having to wait for this year’s phone, but under the terms of Apple’s program, they will have to wait even longer next year or pay extra.

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