Ideas to sue Apple for breach of contract

[johnqh]

By the way, if you are in US, you can easily sue in small claims court for amount under $7500, no attorney required. I am not sure if you have to sue in CA or not.

However, I would change the bank first.

[ob1]

Did you guys contact Ars technica, Engadget, slashdot, boing boing, wired and tuaw ?

[scotopia]

I'm so glad that this is finally getting out; I've actually mentioned a class action law suit on the apple boards a few months ago; as you can imagine that disappeared really quick!

Another thing that really frustrates me is this pattern, which I have experienced several times:

1) App/Update rejected for unclear or seemingly false reason
2) Email them back asking for clarification several times with no word
3) Call up ADV several times, they say they can do nothing and that they do not have contact information for the review team
4) Several weeks or months go by with me regularly calling and emailing and getting the same treatment
5) Eventually I get angry, call up ADC and tell them that they have breached my payment contract (which is true) and I will get my legal team involved unless they give me more information about my rejection; again they say they don't have contact information for the review team and can't help
6) I magically receive an email from the review team minutes after the phone call

This has happened several times...the bottom line is that they are flat out lying and that they most certainly DO have the information to contact the review team...as every time i threaten legal action after months of delay I magically get an email almost instantaneously.
I can tolerate many things but being flat out lied to is not one of them. I'd much rather them just say "yes we have that information but I'm not going to call them, deal with it", at least I'd know they were shooting straight with me and where I stand.
This kind of treatment is unfair, totally illogical, and unacceptable.

[johnqh]

Originally Posted by scotopia

I'm so glad that this is finally getting out; I've actually mentioned a class action law suit on the apple boards a few months ago; as you can imagine that disappeared really quick!

Another thing that really frustrates me is this pattern, which I have experienced several times:

1) App/Update rejected for unclear or seemingly false reason
2) Email them back asking for clarification several times with no word
3) Call up ADV several times, they say they can do nothing and that they do not have contact information for the review team
4) Several weeks or months go by with me regularly calling and emailing and getting the same treatment
5) Eventually I get angry, call up ADC and tell them that they have breached my payment contract (which is true) and I will get my legal team involved unless they give me more information about my rejection; again they say they don't have contact information for the review team and can't help
6) I magically receive an email from the review team minutes after the phone call

This has happened several times...the bottom line is that they are flat out lying and that they most certainly DO have the information to contact the review team...as every time i threaten legal action after months of delay I magically get an email almost instantaneously.
I can tolerate many things but being flat out lied to is not one of them. I'd much rather them just say "yes we have that information but I'm not going to call them, deal with it", at least I'd know they were shooting straight with me and where I stand.
This kind of treatment is unfair, totally illogical, and unacceptable.

The issue with the review process is a different story though. There is nothing in the contract saying that they have to reply your email etc. It is customer service issue, not a legal issue.

And when a company has bad service, what do you do? Move to a different competitor.

[scotopia]

Originally Posted by johnqh

The issue with the review process is a different story though. There is nothing in the contract saying that they have to reply your email etc. It is customer service issue, not a legal issue.

And when a company has bad service, what do you do? Move to a different competitor.

Yes, I'm just tying it in to the legal issue because its annoying to see that mentioning breach of contract will make them try to squash the problem without actually resolving it.

[johnqh]

Originally Posted by scotopia

Yes, I'm just tying it in to the legal issue because its annoying to see that mentioning breach of contract will make them try to squash the problem without actually resolving it.

I am curious, what bank do you use?

I sell PC software online (separate from my iPhone apps), and handle all the payments myself. I have some stories to tell about the payment system. So I am not surprised at all that some are having problems.

[scotopia]

Originally Posted by johnqh

I am curious, what bank do you use?

I sell PC software online (separate from my iPhone apps), and handle all the payments myself. I have some stories to tell about the payment system. So I am not surprised at all that some are having problems.

I'm using BofA; I believe they know what they are doing

[Kryckter]

Looks like this is getting more publicity

Gizmodo - iPhone Developers Threatening Apple Over Outrageous App Payment Delays - iphone developers

[kieran12]

Glad to see this is getting picked up by media, and most commenters seem to agree we deserve to get paid. It would be grate if this finally leads to Apple responding to us all. I'm not gonna hold my breath however.

[pir800]

count me in with any class action suits. Apple needs to provide us proper support. Without us they have no apps! Where the hell are the march financial reports!!! its may now damn it!

[ob1]

Developers complain of App Store late payments
Total Telecom - Developers complain of App Store late payments

Some iPhone Developers Claim They Can’t Get Paid
http://cultofmac.com/some-iphone-dev...get-paid/10386

[hrgpac]

It's getting noisy, but guess what? It doesn't work if it doesn't change...

I´m going to give another shot to
Infante, Zumpano, Hudson & Miloch, LLC

They haven't answered yet... If ANYONE HAS A FIRM OR LAWYER THAT WANTS TO TAKE THE CASE...

And I feel very grateful with techcruch making public the famous response "bordering harassment"...(surely points for joking in the future) from Dean Migchelbrink...

[johnqh]

Originally Posted by scotopia

I'm using BofA; I believe they know what they are doing

This is what happened with my BofA account when I link it up to my merchant account (3 times) for my credit card processing with my online store (separate from iPhone).

1. A few ACH settlements passed fine.
2. One day there will be no payment. Settlement bank said the ACH failed.
3. Called BofA and they claim there wasn't any ACH attempts on record.
4. Settlement bank requires an account verification letter from BofA after the ACH failure.
5. Faxed letter.
6. Everything worked fine from then, (until I change something with my account), Repeat #1.

I still don't know where the problem occurs, but bank transfers is almost like a dark art. Now I don't even argue (with either the settlement bank, or BofA) anymore, I just do what they ask (verification letter) and everything would work.

My point is that I won't be surprised if the banks mess up. Apple should handle it better (no question) though.

[elektrobank]

Digg the articles, best way to get them more exposure (iPhone App Developers Threaten To Sue Apple Over Late Payments). Apple isn't going to respond to a bunch of developers emailing them complaints, and probably get lawsuits thrown at them every day. But they will respond to bad PR, so this may be your best way of getting them to take action.

I personally have no beef with Apple, so I'm not here to bash them at all. They've been very good to me so far and I am very happy with the app store. However, I find it troubling that a company that I have stood by for so long is mistreating their #1 asset (the development community).

[Warblader]

I do not hate Apple! In fact I love my iPhone! Coolest gadget I have ever had... and I love coding for it. OSX is fantastic compared to windows (Vista) It's their broken banking and payment departments I hate! If only they could fix that and make the payment and submission of new apps work OK, i think all would be very happy! Both Apple and the developers... it would be win/win for both.

[jtara]

They really need to come up with some better payment options.

While there are places is the world where it is not safe to receive a check in the mail, it's pretty safe in the U.S. and presumably most of the developed world. So, give the option of mailing a check!

Of course, those in places where it is NOT safe to receive a check are also those where it would be most difficult to receive an international wire transfer.

So, why not offer a Paypal option, at least for small accounts?

Add to it that Apple really isn't set-up to send wire transfers PROPERLY. That is, potentially through a correspondent bank, with telephone advice, etc.

They've chosen the most confusing, error-prone payment system possible.

I'm not sure that Apple wants to fix this problem. It's unfortunate that many of the people who are having this problem are not really in a position to sue Apple. (Wrong country.)

It's a horribly one-sided situation. Similar to the situation I saw with the auto companies when I used to live in Detroit, and worked for auto-company suppliers. None of the big 3 ever paid anybody in less than 90 days, regardless of what the invoice or contract said. You'd be lucky if you got paid in 120. (And, boy, are those suppliers hurting NOW!) But you didn't complain, because you wouldn't get further business if you did. The auto companies were in breach, but there was nothing you could do.

I think the only think that will light a fire under Apple on this is a SHAREHOLDER lawsuit, and/or regulatory inquiry. How does the non-payment of iPhone developers impact the accuracy of their financial statements?

[wkearney99]

Originally Posted by jtara

None of the big 3 ever paid anybody in less than 90 days, regardless of what the invoice or contract said. You'd be lucky if you got paid in 120.

And quite often companies do this deliberately so they can make money off the cash they're holding. There's only a few percent available playing with this float but screw enough developers by dragging out the payments while Apple collects interest on the money. Oh, and screws you for 'overhead' too.

[narut]

Do this problem effect only developer in US? Any dev from other region facing this?
I'm looking forward to receive my first payment at the end of this month.
Hoping that this won't happen to me

[Glass]

I'm from Sweden and haven't been paid. They owe me over $8000 for Jan and Feb. Haven't received the financial report for March yet (yes, it's May now!).

[Intruder_qc]

Originally Posted by narut

Do this problem effect only developer in US? Any dev from other region facing this?
I'm looking forward to receive my first payment at the end of this month.
Hoping that this won't happen to me

No, its quite the opposite from what Ive seen in the forums. Several poster are from European country (Norway, UK, etc...), Australia, etc... Maybe its even worst for people over seas due to different bank system and doing international wire transfer.

Fred

[wuf810]

Originally Posted by hrgpac

I'm very dissapointed... and frankly, I'm considering the dev effort almost lost....

Ok, let's be concise... In some threads I've seen that some people is thinking about suing Apple about the breach of contract (the famous 45 days)...

Some people are owed a lot of money, some people a couple of thousands....

Since I'm not in the USA, I don't have a clue if we can join from different countries, that's why I would like to know if this is even feasible (or Apple knew this from the beginning so, I'm screwed...)...

Threads related:
Anyone receive their iTunes financial reports for February yet?
itunes payments, banking "Please stop emailing us."

Suggestions?

Are those that haven't been paid receiving their monthly financial reports but no money transfers or do you not get the reports either?

TIA, M

[Warblader]

I have gotten all financial reports up to feb 2009. A few hours ago I got World and Canada financial reports!! WOW... But US and World payments are still missing for Sep 2008-march 2009

[gshaviv]

Originally Posted by wuf810

Are those that haven't been paid receiving their monthly financial reports but no money transfers or do you not get the reports either?

TIA, M

I get the reports, but no payments in the bank... Apple is giving new meaning to the term paper money...

[kilobytedump]

Originally Posted by gshaviv

I get the reports, but no payments in the bank... Apple is giving new meaning to the term paper money...

Yip, get all the reports just fine. Just no money at all (except one AUS payment last month)

[Warblader]

Got all March reports now. still no $$