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Legal question for our resident lawyers

Posted on 7/10/17 at 6:52 pm
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 6:52 pm
If this is the wrong forum, then please accept my apologies (money? OT?)

Anyway...

I bought a smartphone from a guy on Craigslist 5 or 7 months ago

My carrier is Verizon - I called Verizon when I purchased and verified that the phone had a clean IMEI - transfered the phone to my account and used the phone for about a month or so

I wound up switching back to my old phone because the battery life was much better

I put the second hand phone on the shelf to use as a backup

So, my 6 year old poured a bottle of cleaning solution on my phone - the one that is active with my number

So I tried to reactivate my backup phone that I purchased months ago while the other one is getting repaired

Oops - the guy I bought from did not pay his bill

So verizon has my backup phone locked

They won't turn it on for me - they are telling me that if I bought from them, I would not have this problem

I called my lawyer and we are initiating a lawsuit

My thought is, once I check a phone and transfer it to my account, I should not be held hostage to someone else not paying their bill - again verizon had actually activated this phone on my account

I think there may be anti trust issues here

I Know it will cost them more to defend this than it would to clear this phone for my use (I have a legal plan and this will only cost me the court filing fees)

Verizon loses lawsuits with regularity (according to Google)

I understand protecting against stolen phones and scammed but I have been with Verizon for well over a decade and this is just shitty business, so I am moving forward with the lawsuit (crazy, I have never sued anyone before)

Thoughts?
Posted by Winthrop Fairbanks
USA
Member since Jul 2017
54 posts
Posted on 7/10/17 at 6:54 pm to
quote:

I called my lawyer and we are initiating a lawsuit


How American of you.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 6:57 pm to
GFY
Posted by Jake88
Member since Apr 2005
68337 posts
Posted on 7/10/17 at 6:58 pm to
quote:

I called my lawyer and we are initiating a lawsuit

You're part of what is wrong with this country.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42512 posts
Posted on 7/10/17 at 7:00 pm to
Why waste the time/energy/money? Just contact the FTC and make a few bad tweets.
Posted by Decatur
Member since Mar 2007
28719 posts
Posted on 7/10/17 at 7:01 pm to
quote:

I called my lawyer and we are initiating a lawsuit


A whole lot cheaper just to buy a new phone. *A lot* cheaper.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 7:02 pm to
quote:

Why waste the time/energy/money? Just contact the FTC and make a few bad tweets.




Cuz I'm pissed and it won't cost anything except court filing fees, 50 or 100 maybe

And it's shitty business

Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 7/10/17 at 7:02 pm to
It's not going to cost Verizon a penny to defend. They have in house counsel that will just drive up your costs.

This will cost you a lot more than it should. Just beat your kid and buy a new phone like the rest of us.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 7:04 pm to
Will not cost me anything

I only paid 75 for the backup phone, I just am amazed that I am getting worked over on this
Posted by Winthrop Fairbanks
USA
Member since Jul 2017
54 posts
Posted on 7/10/17 at 7:04 pm to
quote:

A whole lot cheaper just to buy a new phone. *A lot* cheaper.


Yea but then he wouldn't be able to feel cool and tell all his friends he's suing Verizon.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 7:08 pm to
My guess is they will settle

It will cost them to send attorneys to court

I have 50 hours built up with my legal service (that I only use to beat speeding tix)

This is a crappy policy and I think I will win

Would love to hear insights from anyone that thinks I don't have a case
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 7:15 pm to
quote:

You're part of what is wrong with this country. ?



Maybe so, I would actually normally agree with you

But when Verizon transferred the phone to my account, that should be the end

If there was a problem with the device, they should have told me when I inquired and not allowed the phone to be switchef

So I am pissed, being a long term customer means nothing?

Doing due diligence before the transaction was meaningless?

They are stealing from me and I'm going to react - my 1st lawsuit...
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 7/10/17 at 7:32 pm to
Legal question for our resident lawyers

I cannot give you advice because:

1. I do not know where you live but I am going to guess that you are not in D.C., Virginia, or Maryland where I am admitted to practice. So, giving legal advice to someone in a jurisdiction where I am not admitted would be the unauthorized practice of law; and

2. Lawyers do not (or at least, should not) give legal advice to someone already represented by an attorney.

Since you hired an attorney, why not just take his/her advice?
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 7:42 pm to
I'm asking because I was hoping to hear from someone that knows more than I do if I am out of line with this suit

I'm angry and recognize that I may be out of line, I don't think I am

Do you think my claim is baseless?
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 7/10/17 at 7:44 pm to
You have a lawyer.

See my prior post.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 7/10/17 at 7:46 pm to
You're suing over a 75 dollar phone you didnt even want to use?

This is trashy.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 7/10/17 at 7:54 pm to
Why do you think this will make it to court?

And by the way, I would read your contract with them and see if it has a jurisdiction for disputes. I bet you have to fly to them anyway.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 7:56 pm to
Ok so you don't have a viable opinion on this - thx for letting me know
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29699 posts
Posted on 7/10/17 at 7:57 pm to
Principle of the matter - I hate getting stolen from

Verizon is acting in bad faith
Posted by UHTiger
Member since Jan 2007
5231 posts
Posted on 7/10/17 at 7:58 pm to
Aren't you already paying for advice from "your lawyer"?
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