SAN FRANCISCO (Legal Newsline) — A New York City man is suing Apple Inc., alleging misleading marketing practices and unjust enrichment.
Emil Frank of Brooklyn filed a class action complaint, individually and on behalf of all others similarly situated, Sept. 12 in U.S. District Court for the Northern District of California against Apple Inc., alleging violation of the Consumer Legal Remedies Act and the Unfair Competition Law.
According to the complaint, Frank suffered financial injury for purchasing the “iPhone upgrade program" and making monthly payments to be able to upgrade his iPhone to the newest model each year. The suit says Frank has been waiting for new phones while continuing to make payments on his old phone.
The plaintiff alleges Apple allowed non-iPhone upgrade program subscribers to snap up the limited inventory of the new device while telling iPhone upgrade program customers to check back later.
Frank seeks trial by jury, an order determining this a proper class action and certifying the plaintiff and his counsel as class representatives, compensatory and punitive damages, injunctive relief, attorney fees, expert fees and all other relief the court deems just. He is represented by attorneys Jacob A. Walker, Jason M. Leviton and Joel A. Fleming of Block & Leviton LLP in Boston, and by Whitney E. Street of Block & Leviton in Oakland, California.
U.S. District Court for the Northern District of California Case number 5:16-cv-05217