SAN FRANCISCO – A consumer has filed a class-action lawsuit against Apple Inc. alleging that the California corporation made misleading claims regarding the iPhone Upgrade Program.
Emil Frank filed a complaint on behalf of all others similarly situated on Sept. 12 in the U.S. District Court for the Northern District of California against Apple Inc. alleging breach of contract, breach of the covenant of good faith and fair dealing, unjust enrichment and other counts.
According to the complaint, the plaintiff alleges that he suffered damages from being misled into signing up for the iPhone Upgrade Program, which allows program users to upgrade to the newest iPhone every year for a monthly fee. The plaintiff holds Apple Inc. responsible because the defendant allegedly allowed non-iPhone Upgrade Program customers to purchase newly released phones first, depleting the limited inventory.
The plaintiff requests a trial by jury and seeks compensatory and punitive damages, injunctive relief, all legal fees and any other relief as the court deems just. He is represented by Whitney E. Street of Block & Leviton LLP in Oakland and Jacob A. Walker, Jason M. Leviton and Joel A. Fleming of Block & Leviton LLP in Boston, Massachusetts.
U.S. District Court for the Northern District of California Case number 5:16-cv-05217-NC