Apple sent me two iPhones by mistake

[DelMac]

Originally Posted by Damolee

Simply.... do not do a thing.

Keep it in it's box, don't use it, don't call Apple. Don't do ANYTHING.

Don't give it away and simply.... wait. If you hear nothing within the next few months, then you can start to think about "other" moves.

BEST ANSWER in this whole thread without all the legal & moral BS.

[VinegarTasters]

I saw a listing for a black iphone 5 on ebay, is that yours? Same situation, cancelled an order, but they shipped it anyways. Don't know if this is a loophole people are using, or it is yours. What I think is happening is that they have no manual way to cancel the shipping out of an iPhone once it has been ordered. Or the delay between order and shipping is ZERO seconds. Order goes directly to the automated shipping database? freeiphonegate?

[darkside flow]

I've seen a bunch of these same situations online and every time Apple has eventually charged for the second phone.

[VinegarTasters]

Originally Posted by darkside flow

I've seen a bunch of these same situations online and every time Apple has eventually charged for the second phone.

Really? How long does it take? Because this guy says in his listing that he has been checking for weeks to see if the ESN was marked bad, and it hasn't. Maybe they just forgot to charge him.

[Shrink]

Originally Posted by DelMac

BEST ANSWER in this whole thread without all the legal & moral BS.

Yeah, you wouldn't want any of that moral crap to get in the way...

[darkside flow]

Originally Posted by VinegarTasters

Really? How long does it take? Because this guy says in his listing that he has been checking for weeks to see if the ESN was marked bad, and it hasn't. Maybe they just forgot to charge him.

Varying amounts of time ranging from a few days to a few weeks. Maybe the OP will be lucky but I haven't come across such a situation yet.

[bradl]

Originally Posted by apollo1444

you know what Steve Jobs would do?

He would keep it.

Umm.. no, he wouldn't..

Let me correct that.. hell no, he wouldn't.

There's a lot to be said about the principles, character, and integrity of a man, and how much he values those. A person like Jobs, and many others value those traits in themselves a hell of a lot more than something tangible, and to be honest, as petty as an extra iPhone. Now you realize how and why he surrounded himself with the people he had, because not only do they value those traits in themselves, but they also hold them to as high a standard as he did, and that is what makes the mark for a true leader.

A person can buy another iPhone. Once you've sold out on the values above, everybody knows your true colours, and there is no way you can get that back, without taking a long time to rebuild that.

Like I said before, if character and integrity were on sale, how much would you truly want to sell it for? If it were for the cost of an iPhone ($699), then you really don't value yourself.. and THAT is what you would truly call a 'sell-out'.

BL.

[DelMac]

Originally Posted by Shrink

Yeah, you wouldn't want any of that moral crap to get in the way...

I don't unless it involves mi familia.

[VandyChem2009]

Originally Posted by bradl

Umm.. no, he wouldn't..

Let me correct that.. hell no, he wouldn't.

There's a lot to be said about the principles, character, and integrity of a man, and how much he values those. A person like Jobs, and many others value those traits in themselves a hell of a lot more than something tangible, and to be honest, as petty as an extra iPhone. Now you realize how and why he surrounded himself with the people he had, because not only do they value those traits in themselves, but they also hold them to as high a standard as he did, and that is what makes the mark for a true leader.

A person can buy another iPhone. Once you've sold out on the values above, everybody knows your true colours, and there is no way you can get that back, without taking a long time to rebuild that.

Like I said before, if character and integrity were on sale, how much would you truly want to sell it for? If it were for the cost of an iPhone ($699), then you really don't value yourself.. and THAT is what you would truly call a 'sell-out'.

BL.

Well one can speculate if he would or wouldn't but the fact of the matter is we don't really know for sure. HOwever, I don't see why it should matter if he would or wouldn't.

[TacticalDesire]

Return the damn thing. Seriously. Is society so far gone that when confronted with a situation such as this, they have to ask what they should do? Pathetic.

[Damolee]

Their error, let them chase and deal with it.

If you still have their property, in exactly the same condition... sat there and waiting, the onus is on them.

It's what I would refer to as a "positive" error in this instance, but when it's on the other foot and a company has screwed you in some way, do you honestly think they would bend over backwards to contact you to rectify it?

NO CHANCE.

So let them do the running. Their error, their responsibility.

People should worry about being responsible for their own lives and let corporations with billions in turn over, keep their house in order.

If your energy company had been over charging you for a year, and you hadn't noticed... but they had. Do you think they are going to call you and say "Ummm so yeah, we have been over charging you for the past year.".... you got more chance of Steve Jobs replying to this thread.

[Brian Y]

Originally Posted by Damolee

Their error, let them chase and deal with it.

If you still have their property, in exactly the same condition... sat there and waiting, the onus is on them.

It's what I would refer to as a "positive" error in this instance, but when it's on the other foot and a company has screwed you in some way, do you honestly think they would bend over backwards to contact you to rectify it?

NO CHANCE.

So let them do the running. Their error, their responsibility.

People should worry about being responsible for their own lives and let corporations with billions in turn over, keep their house in order.

If your energy company had been over charging you for a year, and you hadn't noticed... but they had. Do you think they are going to call you and say "Ummm so yeah, we have been over charging you for the past year.".... you got more chance of Steve Jobs replying to this thread.

Just a heads up - your CC is automatically charged if they haven't received the old iPhone back within 14 days. This isn't a manual audit, it's a computer that ***automatically*** charges for non-returned iPhones. This is what you agreed to when you setup the advanced/express replacement. Again, the process is completely automatic.

If an iPhone has been sent out to you, then it will have a repair associated to your CC (as you know since they already put a $699 hold on it). If you're keeping the phone - you've essentially bought a refurbished iPhone with no box or accessories for full retail price. Of course Apple aren't going to chase it up. You don't return the phone, they've sold a refurb phone for full price . Doesn't seem as smart now.

[JAT]

Originally Posted by DelMac

BEST ANSWER in this whole thread without all the legal & moral BS.

Gee, wouldn't the world be better as an anarchy?!









No.

[DayOfChaos]

I would just like to clarify something.

First, thanks to everyone replying, I enjoy reading this and getting both sides of the story. Now, onto some points.

1. I don't feel guilty. I know some say karma is a bitch, and I do believe in karma, but to be honest, I didn't intentionally try to scam them to get an extra phone. I had no intention of ever trying to get an extra phone. Therefore, I have no guilt at all about this whole situation.
2. To some: Stop acting like a stole this. If I stole the phone, then I would have guilt and I wouldn't have even set myself up in the situation in the first place. I appreciate the education on the rules in some states, and the debate with Syd, but to be honest, I don't think they would go that extreme.

Question: On post said to activate it quickly so they can't disable it, I guess I don't understand. iOS now has its own activation separate from carrier activation?

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Originally Posted by bma

Just a heads up - your CC is automatically charged if they haven't received the old iPhone back within 14 days. This isn't a manual audit, it's a computer that ***automatically*** charges for non-returned iPhones. This is what you agreed to when you setup the advanced/express replacement. Again, the process is completely automatic.

If an iPhone has been sent out to you, then it will have a repair associated to your CC (as you know since they already put a $699 hold on it). If you're keeping the phone - you've essentially bought a refurbished iPhone with no box or accessories for full retail price. Of course Apple aren't going to chase it up. You don't return the phone, they've sold a refurb phone for full price . Doesn't seem as smart now.

They removed the hold. I only have a hold on the correct phone that I was suppose to get in the first place. I do not have the hold anymore for the extra phone.

I called Apple two days before I figured out I got an extra phone. I asked for them to remove it because it was a fault repair and didn't go though, and I want to re-setup a repair. They got Bank of America on the line, and removed it.

Therefore, even if I don't return it, I won't get charged. Now, I am not saying I won't return it. I just want to make sure if I do return it, they correct person gets it, and the repair depot knows. (Also, the extra didn't get a return label for me to fold and rip off like useal).

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Originally Posted by bradl

For once, you and I agree.

It's really amazing to see the set of principles people here have been raised with, let alone how much their character can be bought for.

What if this other phone was someone else's repaired phone? here they are, expecting a shipment, that you have, and are now confused and pissed off, because their tracking says that it hasn't been delivered, and it has been a week or longer?

"finders keepers/losers weepers" may work on an elementary school playground, but I would expect that the lot here would have grown up and matured past that. I see that I am once again, proven wrong.

I'm on my way to work, but I'll return with a real life anecdote that was the result of doing the right thing.

But really people.. you really need to take a look at yourselves in the mirror and ask yourself if you would teach your children to just keep something like that without trying to return it or figure out who it belongs to.

BL.

It was addressed to me. That reasoning would only work if it was delievered to my house by mistake, and the label had a different person. Plus, the sheet in the box that described my problem the first time the repair failed, was correct. Therfore, it was ment for me.

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Originally Posted by joeyboyyy91

would urge you to make someone very happy at Christmas or at least make a donation to some kind of charity.

I did think of that, and has a huge possibility of happening, but I don't want that person's phone being deactivated cause Apple didn't get it back or something which I don't believe will happen.

I made the choice to call Apple. I'm calling them now.

[bradl]

Originally Posted by DayOfChaos

I would just like to clarify something.

First, thanks to everyone replying, I enjoy reading this and getting both sides of the story. Now, onto some points.

1. I don't feel guilty. I know some say karma is a bitch, and I do believe in karma, but to be honest, I didn't intentionally try to scam them to get an extra phone. I had no intention of ever trying to get an extra phone. Therefore, I have no guilt at all about this whole situation.

If someone is trying to make you feel guilty about it, then they are in the wrong. It is obvious from your first post that you did not intentionally nor maliciously do this to receive another phone. If someone is arguing that, then they are wrong. This all just boils down to what you'd like to do with the second iPhone that was mistakenly sent to you.

With that, I offer you this (and there is a facebook page that can qualify this). Let's say that instead of it being an iPhone, it was something really cheap.. say, a hat...

My name is Bridget Hughes and on Monday November 26 at around 12:30 a.m. I was at the B7 gate in Phoenix Sky Harbor International Airport waiting to board U.S. Airlines flight 2918 to El Paso. My flight was cancelled. In all of the chaos that ensued me getting my new ticket and my hotel voucher I lost one of the most valuable things I own. It is a simple knit brown floppy hat from the Gap (pictured below). My mother passed away from Breast Cancer when I was 7. This is the hat she wore most often during her chemo treatments. My aunt gave it to me when I moved away after I graduated from college. It was one the only possession of hers I could constantly carry with me. I checked the gate the next morning, the hotel, and my shuttle van. It was nowhere to be found. I've contacted the Phoenix Airport Lost and Found, but I doubt I'll hear back from them. So, I've turned it over to the power of social media, all for a hat that represents the fierce goofy independent spirit of a woman that is my mother. If anyone is willing to just share this status, I'll be really grateful.

If you (or anyone here) had the hat, would you return it, or keep it?

Question: On post said to activate it quickly so they can't disable it, I guess I don't understand. iOS now has its own activation separate from carrier activation?

You are correct. Activating it in iTunes or standalone has nothing to do with carrier activation.

It was addressed to me. That reasoning would only work if it was delievered to my house by mistake, and the label had a different person. Plus, the sheet in the box that described my problem the first time the repair failed, was correct. Therfore, it was ment for me.

Please don't get me wrong; I'm not attacking you about what you should do.. what concerns me is the lack of character displayed by others in this thread who are telling you to keep it. This is the attitude lately of those in 'generation me', where it's all good because they got theirs. It is them who are really upsetting and need to look in the mirror and ask if they are happy with that mindset, and would that be a good value to teach their children, when/should they have them. That's the more disturbing part.

BL.

[utahusker]

Cool, keep us posted. You never know, they may let you keep it.

[DayOfChaos]

Actually, I had to hang up at the recording cause I have an appointment to go to iForgot.

I'll update the thread if I have time later tonight.

[nfl46]

I would have kept it but not used it until I hear something back.

[Jalopybox]

Originally Posted by JS82712

keep the phones, they are yours now

Spoken like a true walmart shopper.

[syd430]

Originally Posted by Damolee

If you still have their property, in exactly the same condition... sat there and waiting, the onus is on them.

The law says otherwise. See my post here:

http://forums.macrumors.com/showpost...9&postcount=22

Originally Posted by Damolee

It's what I would refer to as a "positive" error in this instance

Actually the law would refer to it is as "theft" or "unjust enrichment" in this instance.

Originally Posted by Damolee

So let them do the running. Their error, their responsibility.

Wrong again. By law the OP should have made some effort to atleast notify them of the error, not just run away and steal it.

As someone said a few posts back. He does not own the phone. It's not his property. It's Apple's property, no matter how much the OP keeps trying to convince himself that it's now his.

It's like stealing a car and parking it in your driveway, then spending a few days trying to convince yourself that it's now legally registered to you.

Originally Posted by DayOfChaos

Stop acting like a stole this. If I stole the phone, then I would have guilt and I wouldn't have even set myself up in the situation in the first place. I appreciate the education on the rules in some states, and the debate with Syd, but to be honest, I don't think they would go that extreme.

According to law, you did steal the phone.

Originally Posted by DayOfChaos

If I stole the phone, then I would have guilt

LOL, what?

So because you didn't feel guilty about your theft, it means that by law, you're legally not a thief?

I can just imagine it now - OP to the judge: "But your honour, I didn't feel guilty when I stole it!"

I did think of that, and has a huge possibility of happening, but I don't want that person's phone being deactivated cause Apple didn't get it back or something which I don't believe will happen.

I made the choice to call Apple. I'm calling them now.

It's sad that you got upvoted for this, and that some people actually believe when you when you say you are going to call Apple.

Based on your previous posts, I would bet my life that you are not actually going to this.

I think you are just saying this because you got a very strong negative reaction from some posters. Just look at the way you wrote it in large letters. It's obvious you are just freaking out now, and you wish you probably didn't write this thread bragging about your free iphone in the first place.

But if anyone is still unsure, then here it is:

In the very same post you that you claimed "I made the choice to call Apple, Im calling them now", you also asked the following question (in the very same post!):

Originally Posted by DayOfChaos

Question: On post said to activate it quickly so they can't disable it, I guess I don't understand. iOS now has its own activation separate from carrier activation?

[cnguyen0320]

Apple is a multi billion dollar company. They wont even care if you kept it. They probably wont even accept it back. Give it as a gift or sell it.

[Damolee]

Theft.... by definition.

In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it.

By doing NOTHING, you are not doing the above. You are not taking anything. They have handed it to you, not under duress.

Someone accidentally leaves a bar of chocolate on your desk, and you leave it there until the end of the week before deciding to eat it, have you stolen it? No.

Perhaps he should bill Apple for storing the device in his home for the week.

[syd430]

Originally Posted by Damolee

Theft.... by definition.

In common usage, theft is the taking of another person's property without that person's permission or consent with the intent to deprive the rightful owner of it.

By doing NOTHING, you are not doing the above. You are not taking anything. They have handed it to you, not under duress.

Someone accidentally leaves a bar of chocolate on your desk, and you leave it there until the end of the week before deciding to eat it, have you stolen it? No.

Perhaps he should bill Apple for storing the device in his home for the week.

Ok. I'll tell you what....

How about you go to a casino and drop of the car with the Valet service.

Lets say that I am also at the same casino and when I come outside, the Valet confuses me for you, and mistakenly hands me the keys to your car, and I happily take it and park it in my garage knowing that it's not mine.

When you come to my house a week later, furious that I stole your car, this is what i'll tell you:

"I didn't steal your car, the Valet handed me the keys to it by mistake, I didn't go out looking for a car to break in to, so actually it's my car now"

[Damolee]

Originally Posted by syd430

Ok. I'll tell you what....

How about you go to a casino and drop of the car with the Valet service.

Lets say that I am also at the same casino and when I come outside, the Valet confuses me for you, and mistakenly hands me the keys to your car, and I happily take it and park it in my garage knowing that it's not mine.

When you come to my house a week later, furious that I stole your car, this is what i'll tell you:

"I didn't steal your car, the Valet handed me the keys to it by mistake, I didn't go out looking for a car to break in to, so actually it's my car now"

Your confusing the issue. We are talking something delivered to your home, your property. Not in the public domain.

In this instance it would be the Casino's responsibility to arrange recovery, as it would be a courier's if they delivered the phone to the wrong address.

Apple may even lodge an insurance claim with UPS or whoever once their audit shows the device checked out, that's if they don't contact the home to obtain the phone to which you could reply "Hmm no, I got my phone here thanks. You already delivered it to me."

If I were to find an iPhone in the street, I would hand it in and try to arrange to return it. Because IT WAS IN PUBLIC. Not signed delivered by a multi-billion dollar corporation.

[syd430]

Originally Posted by Damolee

Your confusing the issue. We are talking something delivered to your home, your property. Not in the public domain.

What?

The only difference here is that instead of a Valet mistakenly handing the OP the keys, an employee mistakenly sent OP a phone.

What does the "public domain" have to do with anything? You would still be saying the same thing if the OP signed for the package at the Post office.

Let's use another, simpler example then if the first one was too difficult for you to comprehend:

Let's assume that you have an 8 year old son, and for some reason, not knowing any better, decided to get your iphone from your bedside table and put it in a package an mail it to me, because he was copying something he saw on TV and my address was the only thing he could find.

I guess I could keep your iphone even when you come to my house to try and get it back, and every court will agree that it's now my phone because your 8 old accidently gave it to me. After all, it was mailed to me and wasn't in the "public domain" .

In the case of the OP, the only difference is that the "dad" is Apple Inc and the dumb 8 year kid that accidently sent him a phone is the Apple employee that didn't know any better.

Is that clear enough for you?

Also, no matter what you keep coming back and saying, the law doesn't agree with you regardless.