Apple (AAPL) Receives Class Action Suit Over Limitations Behind iPhone Upgrade Program and New iPhone 7s

September 13, 2016 7:52 AM EDT

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Block & Leviton LLP announced that it has filed a class action lawsuit against Apple Inc. (Nasdaq: AAPL) on behalf of Apple customers who signed up for the Apple iPhone Upgrade Program last year and have now been shut out of receiving the latest iPhones.

On September 7, 2016, Apple announced the availability of new iPhones: the iPhone 7 and iPhone 7 Plus. Customers who had signed up for the Apple iPhone Upgrade Program, which promised an "easy" way to get a new iPhone "every year," tried like many others to purchase their iPhones as soon as they went on sale at midnight Pacific time on September 9, 2016. 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.

If you belong to the iPhone Upgrade Program and have been affected by these issues, you can contact Block & Leviton to learn more about your legal rights. Contact attorney Jacob Walker at or visit

Block & Leviton is a Boston-based law firm representing investors and consumers nationwide.

The case, filed September 12, 2016, is pending in the United States District Court for the Northern District of California, and is captioned Frank v. Apple Inc., No. 5:16-cv-05217. A copy of the complaint is posted at

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