Ideas to sue Apple for breach of contract - Page 3

brendand · 05-02-2009, 05:53 PM

Got paid for Australia and Japan. Just got the last of my March financial statements today. Expecting payments for the other 5 regions in the next few days I suspect. So everything is pretty much going as planned here.

wuf810 · 05-02-2009, 05:54 PM

Quote:

Originally Posted by Warblader

Got all March reports now. still no $$

I'm not sure i would notice. The report dates are arbitrary and payments (when they arrive) also. I seem to have reports for January, none in february but one early March and then some in late March and I've had payments at different times as well.

Not sure I can reconcile all these...so I'm trusting on Apple to get it right which is probably a bit worrying!

hrgpac · 05-02-2009, 09:07 PM

Quote:

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

In my particular case, I have all the reports (no money)...

In the thread "Please stop emailing us" I detailed my case... which can be summarized as follow:

1) They didn't setup my bank
2) They waited until I claimed my money and took 30 days after the 45 days (before that they told me I had to wait)
3) When they did setup my bank they put other bank account (¿? - I have the screenshot from the SAP module according to Danielle - different from my setup in itunes connect )
4) After that they told me that I should stop emailing them. I was emailing every few hours - after THEIR DEADLINE - to know the status 'cause Danielle (from itspayments) told me that would take 10 "working" days to update my wire payment instructions, no money though...

Glass · 05-02-2009, 09:51 PM

Yesterday I sent another e-mail. (First one sent to itspayment was about 3-4 weeks ago).

In the new e-mail I included words like "breach of contract" and "legal action" which made them reply in 1 day. (Horrah!)

They said that all my account was properly setup and that all my US payments (Dec-Mar) should go through on the 5th or the 6th of May. We'll see what happens.

MarkusN · 05-03-2009, 12:39 AM

Hi,

what I can not understand: Why are people here on the board claiming they are owed thousands (if not more) of dollar and they have "nowhere to go"?

And on the other extreme, there is the whole lawsuit discussion.

Now the first thing I would do is go to my lawyer. And let them write a letter to Apple. No email, a letter. Pay a few bucks extra to get a receipt sent back to me that the letter was delivered successfully. That is a nice, friendly formal letter with my law firms letterhead pointing out the situation, that it breaches the contract and that you expect them to respond within x amount of days. With x being the legally typical response time that your lawyer will tell you (guess that will be around 10 workdays).
It's a formal and still pretty friendly ultimatum and in my experience it is the first step of three leading to a lawsuit. It is a clear signal to the other party drawing a line in the sand. After the first ultimatum went by and you didn't get an answer, step two is a harsher letter indicating a second ultimatum and announce a lawsuit. Formal, legal language, boring, no threats, just facts. Note if they answer and even if they push it out, you are back to step one, at least for the moment. Your lawyer should know everything about that dance.

Many of you seem to think this can be done by email, although we all know from our own experience how easily you can overload a system with email and how non-traceable it is in case.

Long story short: When I have a real complaint situation like this one I fall back to traditional, trackable classic communication method that I can later present in a potential court case. The other party knows that and I guarantee you they will respond if you have a claim.

Apple is just a big cooperation and they pick their battles. They will not pick a battle with someone who has a justified claim. But the key is they have to understand you are up for that battle and an email DOES NOT do that.

That letter from your lawyer should cost you almost nothing, you can keep it friendly and nobody will ever hate you for that at apple.

Note that this is no legal advise.
Note that I don't like what Apple is doing, at all. The communication is lousy. They act as they are completely overwhelmed by something. Hmm. Wait... maybe they are?

Now you can go on and on that this is not an excuse and I agree. However, it does not untie you from doing things right on your end and emails to itunes is NOT doing things right if you chase 1k or more!!!!

Oh, and if push comes to shove? You don't get an answer? 1k or more, well, say 5k or more and you have all the grounds and a good reason for a lawsuit, one that sounds pretty straightforward to me. There is nothing wrong doing that, no need for class action or something. I don't believe at all in any of the conspiracy fantasies, I do believe in difficulties of rapid scaling of organizations and would book such a lawsuit as an extended reminder message, costly for the other side. And they probably will do the same.

hth,

Markus

Warblader · 05-03-2009, 04:12 AM

Well I got an email from apple and I have been threaten to shut up all my spreading of info about my problems with them, on the forums!

Still no money in the bank... But maybe I will get it in another form... wink wink nudge nudge....

bouche · 05-03-2009, 09:40 AM

Quote:

Originally Posted by kieran12

I'm also a non-US developer (UK) and I'm still finishing High School so I'm not sure how any if this works but if it is possible to take legal action against them I am all for it.

I think people should, at the very least, finish highschool before they start trying to sue multinational companies for money.

kieran12 · 05-03-2009, 09:53 AM

Quote:

Originally Posted by bouche

I think people should, at the very least, finish highschool before they start trying to sue multinational companies for money.

Sorry, but I don't see what difference my education makes. If Apple hasn't paid me, has broken their contract with me, and owes me thousands of dollars just as many of the people on this forum who have finished high school I have as much right as anyone else to take legal action against them.

On another note, I have now received all my reports. It is a bank holiday here this weekend so I don't think I will see any payment until Tuesday at the earliest. Hopefully they are starting to clear up all the issues that have caused this mess.

bouche · 05-03-2009, 10:06 AM

Quote:

Originally Posted by kieran12

Sorry, but I don't see what difference my education makes.

ok, well, go ahead and sue them. It seems like you have all the answers without even finishing basic high school. good luck with your career.

kieran12 · 05-03-2009, 10:11 AM

Your contribution to this thread has been completely useless. Instead of giving your own opinion on the matter of late payments you have complained about my level of education which is completely irrelevant. I'm not going to waste anymore time discussing it with you.

bouche · 05-03-2009, 10:19 AM

Quote:

Originally Posted by kieran12

Your contribution to this thread has been completely useless. Instead of giving your own opinion on the matter of late payments you have complained about my level of education which is completely irrelevant. I'm not going to waste anymore time discussing it with you.

you didn't catch my advice? I guess it was a little subtle.

- don't worry about it
- there are bigger things in the world that you could be spending your time fighting and thinking about when you finish high school.
- you will get paid
- apple vs. highschool student = apple wins.

i just don't see complaining on the internet about apple's payment schedule as a reason to get worked up and crying for a lawsuit.

I haven't been paid at all, and I know that they have alot of money sitting in the apple money cloud with their payment schedule. But hey, we all knew the terms when we bought iphones, downloaded their sdk, developed software (good and bad) and then submitted it to their appstore.

sometimes you just gotta sit tight and live your life without stressing over the little things.

I'm sure that you've got a long life ahead of you, so you'd better not start out stressed and crying foul at everything that you don't agree with.

hrgpac · 05-03-2009, 06:14 PM

Quote:

Originally Posted by Warblader

Well I got an email from apple and I have been threaten to shut up all my spreading of info about my problems with them, on the forums!

Still no money in the bank... But maybe I will get it in another form... wink wink nudge nudge....

Oh!, man... Could you elaborate about the threat?

panzeriti · 05-03-2009, 06:18 PM

Keep up the posts in the iphone foriums, if something isn't right they should fix it!

I mean they have the resources and the cash so what's theproblem?

hrgpac · 05-03-2009, 06:19 PM

From Techcrunch (http://www.techcrunch.com/2009/04/30...te-payments/):

Someone put this link:

Quote:

How to get your money from apple in two steps:

1. Send them a demand letter:
Demand Letters: The Basics

2. If (1) fails: file claim in small claims court. Judge will decide whether you are owed money by apple.

From the same site (worth to take a look):

http://www.nolo.com/article.cfm/Obje...4/308/280/ART/

Warblader · 05-03-2009, 06:20 PM

I think I better wait and see if the money finally arrives, before doing anything more... But email was quite rude.

hrgpac · 05-03-2009, 09:12 PM

Ok, looking at the site that I linked before there're good points in there:

Do I have a case?

I need

- Contract (ok)
- Performance -> you earn the money and the time to collect it has passed (ok)
- Breach (ok)
- Damages

Well, the last point could be subject to debate, you have to demonstrate a loss because the breach of contract (besides the money they owe?)

Prenvo · 05-04-2009, 07:32 AM

Quote:

Originally Posted by jtara

You should get this out in the press.

I was on UK national news (BBC News) two weeks ago and said nothing but good things when they spoke to me: I thought my missing payments was an isolated case and had full trust in Apple.

I'm on UK national radio (BBC Radio) about mobile app stores this Wednesday and I'm just going to be honest if they ask me about App Store payments.

It's a real shame that their payments department is so unresponsive when their tax and banking departments are so responsive (and friendly!)

P.S. I don't really have the urge to sue Apple, I just want the problem sorted out.

kilobytedump · 05-04-2009, 11:06 AM

Quote:

Originally Posted by Prenvo

P.S. I don't really have the urge to sue Apple, I just want the problem sorted out.

I feel exactly the same.

Just would like the money or a polite explanation please.

hrgpac · 05-04-2009, 12:14 PM

Quote:

Originally Posted by kilobytedump

I feel exactly the same.

Just would like the money or a polite explanation please.

I hope for good that ALL can get their money... The lawsuit is a process that a lot of us don't want...

But this is making noise, a lot... And we're finding out "things":

In Italy
Gli sviluppatori pronti ad iniziare un azione legale contro Apple per i mancati pagamenti

worth a look (iSpazio)

And in the thread "March Financial Reports" root said that Dean (from itspayments) doesn't exist (I don't know this for sure)!

For the explanation (very unlikely)...

ob1 · 05-04-2009, 04:14 PM

A few more articles were published:

Developer’s Android Market Complaints In Perspective | Android Phone Fans

Apple may be sued by iPhone app developers? » Phone Reviews

http://www.igadgetworld.com/2009/03/...tomer-service/

jtara · 05-04-2009, 10:38 PM

Apple absolutely has to address the payment problems, or they are going to have a crisis of confidence.

So far, they have enjoyed an unparalleled level of trust - one which perhaps was not deserved.

They need to establish policies that will earn them the level of trust that, say, Amazon has within the affiliate marketplace. Amazon is the one affiliate program that nobody has any qualms about. (Even so, you should see how they will rant and rave if their payments are one day late, LOL!) But the thing is, they are seldom one day late. (Oh, they have had issues in the past, but I think resolved.)

If they are going to involve the little guy, then they need to have policies that are friendly to the little guy. And that means keeping their end of the bargain, and not making excuses about payment systems that are beyond their control. They need to provide multiple payment systems, so that everybody can get paid efficiently and on-time.

underthesun · 05-05-2009, 04:08 AM

Quote:

Originally Posted by hrgpac

Oh!, man... Could you elaborate about the threat?

I want to hear more about this as well, care to elaborate?

williamapps · 05-06-2009, 12:29 AM

Ready to join if someone to lead the classe action lawsuit。 The better time is the day before WWDC opening

underthesun · 05-06-2009, 01:34 AM

Finally got paid from the US iTunes store, the "big cake" as it is called. Anyone else? Maybe this thread actually helped making them be up to date?

Glass · 05-06-2009, 06:43 PM

I also got a big payment yesterday for the US Store (I think). It only says that it's an international payment. I have no idea how many USD they paid, since its stated in SEK without any conversion rate.

Its a shame that they didn't pay me on time. The USD has dropped quite a bit in value compared to the SEK the last month. But I guess I can't have everything.