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Carrier Questioning If I got a Free Phone

stafil said:
And proceeds to be an "armchair lawyer"
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Would you like to see my state Bar license?:rolleyes:

And no, attorneys don't know EVERYTHING despite the stereotypes; nor am I going to go read every TOS/TOC on Verizon's site for free to answer the question what could be lurking.

OP should probably just return the phone or be prepared hire a civil and possibly criminal lawyer.

Yes, potentially criminal, just like if you buy something on Ebay or Craigslist and "forget" to pay the seller and they stupidly ship the good; that is still some form of theft if you dont return it as you knew you did not pay for it whether seller made a mistake sending it first or not.
 
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I'd be curious to find out if there was a confirmed cancellation of your order when you changed it to an in-store purchase (how this comes off with what you've said). Your best advice is to contact them. They will most likely want you to return the device but if they actually were the ones who initiated changing the medium of sale, meaning they voided the online order in favor of an in-store purchase and you had some proof of that yet on their end it didn't go through, then you technically win with a free phone but I'm sure it would be a massive hassle to get them to accept the fact that easy and most likely wouldn't be worth such hassle.
 
1144557 said:
Did you even read the first post, OP ORDERED IT. Doesn't apply
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"and later stopped into the verizon store and they had one in stock so gave me that one but apparently they never stopped my online order."

The hard part is to determine if Verizon reps cancelled it and it still slipped through the cracks. How the OP posted it spells it out like they went to the store instead of waiting for the order to fulfill. If Verizon initiated a cancel, confirmed to the customer it was successful, and converted the purchase in-store, then they could have some luck on this in legal aspects. I'm not a lawyer but I've done retail operations and if we messed up and cancelled an order but a supplier still shipped the product to the customer, it's our loss entirely by way of law. It would be an absolute fight and nightmare though to get this to work out.
 
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Newbie account and no posts from OP since the OP...OP, be prepared to find a charge for the extra Max on your account. Dumb thread.
 
jona2125 said:
The hard part is to determine if Verizon reps cancelled it and it still slipped through the cracks. How the OP posted it spells it out like they went to the store instead of waiting for the order to fulfill. If Verizon initiated a cancel, confirmed to the customer it was successful, and converted the purchase in-store, then they could have some luck on this in legal aspects. I'm not a lawyer but I've done retail operations and if we messed up and cancelled an order but a supplier still shipped the product to the customer, it's our loss entirely by way of law. It would be an absolute fight and nightmare though to get this to work out.
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I agree it sounds like the online order was made and then went to a store and bought it asking to cancel the It sounds from the OP that Verizon TRIED to stop the order but didn't or simply couldn't as it maybe had already shipped. If your business didn't go after it that's a choice, probably a financial one. I suspect VZW worth hundreds of millions and over a $1100+ device may not make the same choice.

I suspect the other issue is OP got nothing in writing stating the cancel was "done" and has no evidence on this.

But it certainly was not "unordered merchandise" as OP admits to ordering it.

The legal ramifications are not ours, they are between Verizon and OP. And over $1100+ I would guess Verizon will fight it until returning it makes perfect sense to OP. Considering they push back over $30 activation fees.
 
What the OP(who hasn’t been back since starting the thread) hasn’t cleared up is after she purchased the phone in-store did she request the original online ordered phone to be canceled or did she just assume the rep would cancel it.
 
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1144557 said:
I agree it sounds like the online order was made and then went to a store and bought it asking to cancel the It sounds from the OP that Verizon TRIED to stop the order but didn't or simply couldn't as it maybe had already shipped. If your business didn't go after it that's a choice, probably a financial one. I suspect VZW worth hundreds of millions and over a $1100+ device may not make the same choice.

I suspect the other issue is OP got nothing in writing stating the cancel was "done" and has no evidence on this.

But it certainly was not "unordered merchandise" as OP admits to ordering it.

The legal ramifications are not ours, they are between Verizon and OP. And over $1100+ I would guess Verizon will fight it until returning it makes perfect sense to OP. Considering they push back over $30 activation fees.
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We sold environmental chambers to the auto industry, nothing was ever cheaper than $50,000 and this happened twice while I ran it. This was not a financial choice but law and we tried but found the hard way the first time how accountable we were, not the customer, for the dilemma. The item was canceled, voiding solicited merchandise which put the final product as unsolicited no matter what way you try to swing it. My statement of law only is accurate to the extent of the seller cancelling the order, I can not speak of customer initiated cancellations that still ship. So for OP the favor is only if Verizon did the cancel of the online order to sell them a device in-store.

I do agree though there would need to be hard evidence Verizon performed this cancellation in full and it was on them for this issue. I've done the pre-order then find stock in store and the reps have always switched out the order. I never received my originally ordered, but canceled, phone though.

Despite OP admitting to ordering it means nothing if the order can be verified to be cancelled. It doesn't become an order anymore, it becomes product inventory of Verizon and if it still gets picked and shipped, it's no longer the customers order.

With getting a new device, from how I've seen it for years, it would be hard to double down on your line like this. If there is a pending upgrade going on it has to be canceled out of the system before a new upgrade can take place. But that is a general personal experience buying phones for numerous years and I have no clue how the purchase was even done with OP. Like you said this is between them and Verizon, but it's not totally improbable that they messed up with this. Though still I doubt OP has the resources to even bother to fight this back over a phone since I agree they will pursue this very heavy no matter who's in the right.
 
BugeyeSTI said:
What the OP(who hasn’t been back since starting the thread) hasn’t cleared up is after she purchased the phone in-store did she request the original online ordered phone to be canceled or did she just assume the rep would cancel it.
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This is definitely key and would make the difference for what could happen. I would imagine (from my own customer experiences) that Verizon would have to cancel a pending order before making a new order for an account but I could be wrong. Otherwise if she requested a cancellation and put in a second order, Verizon I'm sure has reasonable wording somewhere in an agreement that the liability is on the customer if they cancel an order that ships out to them with a potential awareness that the product was shipped/getting ready to be shipped. Verizon has to do the cancel on their end I believe no matter what but I'm sure they have this covered. Now if the order was canceled and they had it in their end that the device becomes inventory and hasn't had shipment initiated (common with drop-ship) then it's possible it's on Verizon. Who knows though this is definitely an odd one.
 
Years ago something similar happened to me with Sprint and the Razr Max - I ordered 1 phone. Next day after my order was received - I received another box with another phone - I called and spoke to customer care who said return it the store. Next day another phone showed up- total 3 phones when I ordered 1.

I walked into the local store and asked for the manager who tried to process 2 returns and system didn’t recognize the esns and wouldnt allow him to return them. He got frustrated and said Just keep them.

I kept them 1 month waiting for them to ask for them back but it never happened. I gave 1 to my son and sold the other one on eBay
 
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MsRandall said:
Years ago something similar happened to me with Sprint and the Razr Max - I ordered 1 phone. Next day after my order was received - I received another box with another phone - I called and spoke to customer care who said return it the store. Next day another phone showed up- total 3 phones when I ordered 1.

I walked into the local store and asked for the manager who tried to process 2 returns and system didn’t recognize the esns and won’t allow him to return them. He got frustrated and said Just keep them.

I kept them 1 month waiting for them to ask for them back but it never happened. I gave 1 to my son and sold the other one on eBay
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This is actually not similar at all to the OP. You simply ordered a phone and ended up getting three. You did nothing to initiate the arrival of the other two.

The OP ordered a phone. She received that phone. In between those two events she, apparently unwilling to wait for phone #1, bought phone #2 in person. She either assumed that meant phone #1 was cancelled or asked that it be--maybe even was told it could be done. Regardless, she initiated the purchase of both phones. Why she even asked if she got a "free" phone is the bizarre part.

If I was in the same situation.... scratch that: If I found a phone in stock that I had already ordered online, the very first thing I would do is see if there was still time to cancel the one ordered online. I would do that using the same system I used to order it in the first place. Only after I was certain the first phone was cancelled would I consider purchasing the one at the store. But even then, if the first phone still shipped due to the shipping dept/company not getting word to stop it in time, I still have to return or pay for that phone. They didn't just ship two: I tried to change things mid-ship, they tried to accommodate, but still couldn't stop the shipment. No biggie, I send it back.




Mike
 
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Back in the day Rogers (in canada) sent me an extra iPhone 3GS out of no where. Ended up giving it to my cousins gf at the time.
 
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