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Carrier Questioning If I got a Free Phone
- Thread starter bikerblue
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Thing is she did order the phone. Did you not read the original post?
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Funny how he wants to chime in but didn’t bother to read original post.
She ordered one phone, not two. Both phones are legally hers. She only has to pay for the one she ordered
That doesn't really mean OP gets to simply just keep the other one.
Don’t confuse law with ethics. If you receive something you didn’t order you can legally keep it.
https://www.consumer.ftc.gov/articles/0181-unordered-merchandise
Read the opening post. She order BOTH. One in person. One online. It was her responsibility to cancel the online order.
This reminds me of 2013. I ordered a verizon iPhone 5S, cancelled the order, charge disappeared. Went to apple and bought it there.
A month or two later (remember how long the wait was for the gold 5S) I got a package from Verizon. A gold 5S. Called them up, said the order was cancelled and Im not charged, was told to just keep the phone if I wanted.
Kept it and gave it to my dad. Hes still using it right now to this day.
A month or two later (remember how long the wait was for the gold 5S) I got a package from Verizon. A gold 5S. Called them up, said the order was cancelled and Im not charged, was told to just keep the phone if I wanted.
Kept it and gave it to my dad. Hes still using it right now to this day.
Sounds like either have happened:
1. the OP bought two phones but is somehow confused.
2. Verizon gave him his order in store and somehow didn’t cancel the parcel.
I am not a lawyer and this is not legal advice but the case of (2) could be covered by the “unordered merchandise” law as stated before.
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Same thing exactly happened to a friend when the iPhone 3GS came out, he sold one on eBay.
About two weeks later the carrier git in touch to ask for it back. He had to pay.
About two weeks later the carrier git in touch to ask for it back. He had to pay.
Did you bother to read original post?
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Did you bother to read the original post?
It’s a mixed bag.
Sure legally she has a right to keep it without paying, but I think the carrier or Apple can report the IMEI as dead?
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He didn’t “have” to pay. They probably sent or called about the phone and made baseless threats demanding payment and your friend caved in.
So,AT&T did that to me about 3 phones ago. So,I waited 6 weeks and they didn't even have a record of it. So,I called them a 2nd time and still only 1 phone on record. So,a supervisor tells me to just keep it!.So,seriously,he said that! So,I returned it to them.So,end of story.
I’m sure once it gets activated you will get charged. You should return it.
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Once I got charged for 2 home phone line installations but I was only supposed to be charged for one. I called up to complain and I ended up getting refunded twice. So I called up to explain that I’d been refunded twice and they said there was nothing to be done about it now and they wouldn’t request the second refund back. They didn’t.
Another time I ordered an Apple Watch charger from Apple. After 2 weeks it had not arrived. I called Apple and they sent a replacement. I received the replacement and then the second charger finally arrived a few days later. I called Apple and explained to them and they told me to just keep the second charger and I never got charged for the second one.
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Well If you’ve told them about it and they told you to keep it then I would.
Once I got charged for 2 home phone line installations but I was only supposed to be charged for one. I called up to complain and I ended up getting refunded twice. So I called up to explain that I’d been refunded twice and they said there was nothing to be done about it now and they wouldn’t request the second refund back. They didn’t.
Another time I ordered an Apple Watch charger from Apple. After 2 weeks it had not arrived. I called Apple and they sent a replacement. I received the replacement and then the second charger finally arrived a few days later. I called Apple and explained to them and they told me to just keep the second charger and I never got charged for the second one.
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Yes I did. She still ordered the phone. Just because she went and got one in store doesn’t mean the phone she ordered just disappears.
I don’t know where you stand legally when this kind of thing happens but to be honest I would just send it back.
The OP initiated BOTH transactions. There was no phone received that wasn’t ordered. I would guess that the ‘moral’ thing and the ‘legal’ thing in this case are the same thing.
Good lord, your posts just keep the bad advice coming, don't they? She ordered one phone and received one phone. The fact that she stopped by a physical store and bought another phone doesn't mean she didn't order--and receive--the first one.
So, no, the second phone is not "legally hers." Well, it will be when she pays for it. But if she doesn't want to pay for it, it needs to be returned.
To recap: She ordered a phone. She didn't want to wait for that phone so got another. She either needs to pay for or return the ordered phone.
Mike
Bought my wifes 7+ at Target 2 years ago. It never hit my bill. I called AT&T and they said "from our end that phone as bought in cash and paid in full" I explained to them it wasnt and they said well thats how we see it. Was never charged a dime fro the phone even after explaining. About to sell that phone, 2 years later, for 350! WooHoo!
No,both phones are NOT legally hers. She will be billed for the 2nd one. if she doesn't return it.
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Not here. I called AT&T back and talked to a high level manager and shared my conversation that said I should "just keep it". He said that isn't their policy (obviously) and they would track down that supervisor.
First, ethically you should attempt to return what is clearly not yours (this post wouldn't exist if you felt it was yours).
Second IANAL. While you can attempt to keep the second phone, Verizon can pursue that phone if they realize the mistake. Whether or not they win or even choose to is not something anyone here can comment on.
At this point, legality is not in play. No one can comment on the legality yet because 1) there is no crime (yet) and 2) Verizon hasn't made an attempt to get the phone back. Where it becomes a crime (criminal or civil) is if you intend to knowingly obstruct the return of the phone. Arguably, you are doing that now by considering keeping it but it still requires recognition by Verizon.
If you do nothing, you don't have much control over the situation. Since you know you didn't buy two phones, contact Verizon, explain the situation and take control of the situation before it impacts you negatively.
Second IANAL. While you can attempt to keep the second phone, Verizon can pursue that phone if they realize the mistake. Whether or not they win or even choose to is not something anyone here can comment on.
At this point, legality is not in play. No one can comment on the legality yet because 1) there is no crime (yet) and 2) Verizon hasn't made an attempt to get the phone back. Where it becomes a crime (criminal or civil) is if you intend to knowingly obstruct the return of the phone. Arguably, you are doing that now by considering keeping it but it still requires recognition by Verizon.
If you do nothing, you don't have much control over the situation. Since you know you didn't buy two phones, contact Verizon, explain the situation and take control of the situation before it impacts you negatively.
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Oh. You did right to send it back. To be fair I probably would have sent it back too as I would be worried about getting charged for a second phone and not being able to return it down the line. The charger was not very expensive so if Apple changed their minds later on I would have just paid for the second one.
Lol @ armchair lawyers.
Basic contract law; a bilateral contract. Store/online store makes offer to sell you good at $x, you accept to buy said good at said price, you tender consideration (money), you receive consideration (the good).
Store makes offer to sell online, you accept and order good, and they ship the consideration/good. There was a "meeting of the minds" and store tendered consideration/good. If you do not return you do not think you must tender the consideration/money just because they didnt bill your card due to some mistake?
I also GUARANTEE there is fine print somewhere in their TOS/TOC on their website or that you clicked through when ordering that discusses this type of situation. Carrier likely has every legal right to place a charge on that card entered if not returned; or sue you if the card is not good.
It could also be a crime in some states considered theft.
Basic contract law; a bilateral contract. Store/online store makes offer to sell you good at $x, you accept to buy said good at said price, you tender consideration (money), you receive consideration (the good).
Store makes offer to sell online, you accept and order good, and they ship the consideration/good. There was a "meeting of the minds" and store tendered consideration/good. If you do not return you do not think you must tender the consideration/money just because they didnt bill your card due to some mistake?
I also GUARANTEE there is fine print somewhere in their TOS/TOC on their website or that you clicked through when ordering that discusses this type of situation. Carrier likely has every legal right to place a charge on that card entered if not returned; or sue you if the card is not good.
It could also be a crime in some states considered theft.
Based on the knlowdge of contract law, I would suspect they actually are an attorney. Being in law school, certain phrases are not just “Google-able”.