Verizon threatening to blacklist my phone

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Riblet09

macrumors newbie
Original poster
Oct 20, 2016
2
0
I order a iPhone 7 plus, they mistakenly sent me two phones. According to FTC guidelines I can legally keep the extra phone without them billing me for it. Now Verizon is saying yea technically you can keep it but we will blacklist the phone so it will be useless. Any thoughts?
 

tconed

macrumors member
Sep 22, 2014
32
57
United States
I order a iPhone 7 plus, they mistakenly sent me two phones. According to FTC guidelines I can legally keep the extra phone without them billing me for it. Now Verizon is saying yea technically you can keep it but we will blacklist the phone so it will be useless. Any thoughts?
How about you do the right thing and give the extra one back? You ordered one phone you should get one phone. Seems silly to me.
 

Itsedstech

macrumors 6502a
Jul 24, 2011
637
201
Kansas
Option 1- Return it (as most people in here will preach)
Option 2- Express replacement with apple will net you a new/refurbished phone with a new imei so it will be unblacklisted.

up to whatever your conscious says.
 
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cube

macrumors P6
May 10, 2004
16,430
4,436
If I was verizon I would cancel your service and blacklist both phones. Hopefully you have unlimited data and lose that too.
Why should you be forced to go through the hassle of fixing their mistake without adequate compensation?
 

Newtons Apple

Suspended
Mar 12, 2014
22,764
14,917
Jacksonville, Florida
I order a iPhone 7 plus, they mistakenly sent me two phones. According to FTC guidelines I can legally keep the extra phone without them billing me for it. Now Verizon is saying yea technically you can keep it but we will blacklist the phone so it will be useless. Any thoughts?
They are fully within their rights to do so. I am voting with the others and hope the shut down both of your devices.
 

mattopotamus

macrumors G5
Jun 12, 2012
13,221
3,354
Why should you be forced to go through the hassle of fixing their mistake without adequate compensation?
Probably b.c he still uses their services. Lets steal from the people who provide me something beneficial....good idea. He is not being forced to return it. They are just letting him know what happens if he keeps it.

That would be like Amazon sending you two items. They ask for it back and you say no, but still expect them to ship you ****.

^ the above has happened to me before and they actually said I could keep both items. They suggest I just gift it to someone.
 

cube

macrumors P6
May 10, 2004
16,430
4,436
Probably b.c he still uses their services. Lets steal from the people who provide me something beneficial....good idea.
I don't know if he's using their services with the extra phone. Blacklisting only this one would seem a good middle ground, but it is not environment-friendly.
 
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mattopotamus

macrumors G5
Jun 12, 2012
13,221
3,354
I don't know if he's using their services with the extra phone. Blacklisting only this one would seem a good middle ground, but it is not environment-friendly.
Guess I cannot argue if you think that is a good middle ground. Do you keep your neighbors mail if it is mistakenly put in your mailbox? Seems like a good middle ground for the mailman error.
 
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cube

macrumors P6
May 10, 2004
16,430
4,436
Guess I cannot argue if you think that is a good middle ground. Do you keep your neighbors mail if it is mistakenly put in your mailbox? Seems like a good middle ground for the mailman error.
Putting the mail in the next mailbox is hardly an inconvenienece, and it is not the neightbour's fault.

If Verizon wants the customer to work for them, they should give a reward in return.
 

cube

macrumors P6
May 10, 2004
16,430
4,436
I'm 100% sure verizon would arrange for the phone to be picked up or give you a prepaid shipping label and box.
Picking up would be an option if the customer accepts that someone comes to their home at a time of their convenience. It seems a little reward would still be in order.
 
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planetf1

macrumors 6502
Aug 8, 2014
391
132
Hampshire, UK
I'm in the UK so not so familiar with the laws there... But I had thought the FTC guideline was about unsolicited goods whereas I imagine Verizon Will argue that it was an error fulfilling an order. Perhaps may only apply to USPS

I wouldn't even ask this question as morally I'd allow it to be collected. If u want an accurate legal opinion id get legal advice as you could be opening yourself up for prosecution
 

cube

macrumors P6
May 10, 2004
16,430
4,436
I'm in the UK so not so familiar with the laws there... But I had thought the FTC guideline was about unsolicited goods whereas I imagine Verizon Will argue that it was an error fulfilling an order. Perhaps may only apply to USPS
I also don't know what is written in this guideline but it seems to me the extra phone would be unsolicited. I would think Verizon is perfectly in its right to blacklist it.
 
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daflake

macrumors 6502a
Apr 8, 2008
920
4,225
Is this the rule you are talking about?

Unordered Merchandise
Whether or not the Rule is involved, in any approval or other sale you must obtain the customer’s prior express agreement to receive the merchandise. Otherwise the merchandise may be treated as unordered merchandise. It is unlawful to:

  1. Send any merchandise by any means without the express request of the recipient (unless the merchandise is clearly identified as a gift, free sample, or the like); or,
  2. Try to obtain payment for or the return of the unordered merchandise.
Merchants who ship unordered merchandise with knowledge that it is unlawful to do so can be subject to civil penalties of up to $16,000 per violation. Moreover, customers who receive unordered merchandise are legally entitled to treat the merchandise as a gift. Using the U.S. mails to ship unordered merchandise also violates the Postal laws.
If so, you are wrong and should return the phone. You were in agreement with the customer, they simply doubled the order. That does not permit you to keep the phone. Now, if a phone simply showed at your house without you ever placing an order this would apply.

This is an ethical dilemma and it sounds like you want to take the low road. Just send it back and be done with it.
 

mattopotamus

macrumors G5
Jun 12, 2012
13,221
3,354
I'll also agree with people saying the OP is wrong with his interpretation of the law. I believe you have the right to keep the phone, and that gives them the right to charge you for the phone.
 
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cube

macrumors P6
May 10, 2004
16,430
4,436
Is this the rule you are talking about?



If so, you are wrong and should return the phone. You were in agreement with the customer, they simply doubled the order. That does not permit you to keep the phone. Now, if a phone simply showed at your house without you ever placing an order this would apply.

This is an ethical dilemma and it sounds like you want to take the low road. Just send it back and be done with it.
I would think it depends on what is written in the agreement.
 

cube

macrumors P6
May 10, 2004
16,430
4,436
Why don't you have some morals and do the right thing?

Verizon will happily give you the shipping label and box. Beyond that, who cares if they give you anything else? Do you need VZ to bake you a tray of cookies for doing the right thing? Be a man and have some honor.
Wouldn't it also be the right thing for Verizon to give you a reward for the inconvenience?
 

Riblet09

macrumors newbie
Original poster
Oct 20, 2016
2
0
Verizon still has not offered to send me a box or prepaid label. They stated they would repay me for shipping costs if I wanted to send it back. At no point did they ask for it back either.
 

itsray

macrumors 6502
Jun 5, 2016
474
316
did they contact you saying they accidentally sent you 2? or did you tell them something and ask why are 2 being sent?
 

sgerwel

macrumors newbie
Oct 20, 2016
9
17
Missouri
Wouldn't it also be the right thing for Verizon to give you a reward for the inconvenience?
It would be nice. But not a requirement.

If you find someone's wallet, do you demand that they reward you with cash? No. You return it because it's the right thing to do. If they reward you, it's nice of them, but hardly a requirement on their part. Why do you need a reward for doing the right thing? Children need a cookie for being good. Not grown men.
 

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