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Started By
Message
Legal question for our resident lawyers
Posted on 7/10/17 at 6:52 pm
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?
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 on 7/10/17 at 6:54 pm to dcbl
quote:
I called my lawyer and we are initiating a lawsuit
How American of you.
Posted on 7/10/17 at 6:58 pm to dcbl
quote:
I called my lawyer and we are initiating a lawsuit
You're part of what is wrong with this country.
Posted on 7/10/17 at 7:00 pm to dcbl
Why waste the time/energy/money? Just contact the FTC and make a few bad tweets.
Posted on 7/10/17 at 7:01 pm to dcbl
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 on 7/10/17 at 7:02 pm to TheOcean
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 on 7/10/17 at 7:02 pm to dcbl
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.
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 on 7/10/17 at 7:04 pm to Decatur
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
I only paid 75 for the backup phone, I just am amazed that I am getting worked over on this
Posted on 7/10/17 at 7:04 pm to Decatur
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 on 7/10/17 at 7:08 pm to Mr.Perfect
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
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 on 7/10/17 at 7:15 pm to Jake88
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 on 7/10/17 at 7:32 pm to dcbl
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?
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 on 7/10/17 at 7:42 pm to IonaTiger
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?
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 on 7/10/17 at 7:44 pm to dcbl
You have a lawyer.
See my prior post.
See my prior post.
Posted on 7/10/17 at 7:46 pm to dcbl
You're suing over a 75 dollar phone you didnt even want to use?
This is trashy.
This is trashy.
Posted on 7/10/17 at 7:54 pm to dcbl
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.
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 on 7/10/17 at 7:56 pm to IonaTiger
Ok so you don't have a viable opinion on this - thx for letting me know
Posted on 7/10/17 at 7:57 pm to Tiguar
Principle of the matter - I hate getting stolen from
Verizon is acting in bad faith
Verizon is acting in bad faith
Posted on 7/10/17 at 7:58 pm to dcbl
Aren't you already paying for advice from "your lawyer"?
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