Started By
Message

re: Legal question for our resident lawyers

Posted on 7/10/17 at 8:02 pm to
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 7/10/17 at 8:02 pm to
quote:

Principle of the matter - I hate getting stolen from


I'm not really following your problem honestly.

You bought the phone and then had it transferred to your name - yet Verizon is expecting payment from the other guy?

Explain. Why is Verizon expecting payment from an account not registered to the phone?
Posted by UHTiger
Member since Jan 2007
5231 posts
Posted on 7/10/17 at 8:03 pm to
Better check those federal court filing fees

And I imagine your legal plan only pays attorney fees. Better hope you don't need en expert

As for the merits, you already have a lawyer. What did they tell you?
Posted by NC_Tigah
Carolinas
Member since Sep 2003
124216 posts
Posted on 7/10/17 at 8:06 pm to
quote:

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

And it's shitty business
Good for you.

The right lawyer will have this resolved very quickly.

Threat of a story in the paper, or consumer protection TV news segment should resolve it.

Good luck!
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 7/10/17 at 8:14 pm to
Thank you sir, I really was hoping to hear from someone about why maybe I should back off, or if I was way out of line

I pay for a legal co-op & never use it

It's national, so if I have e to sue in NJ it's no big deal

My guess is they will settle in exchange for my promise of confidentiality

It's a really bad practice on their part, attempting to hamstring the secondary msrket

But if they clear the phone and allow a customer to transfer to an account, I should not be on the hook for their collections issues

Most could not fight this

My legal group will do as asked, but I was hoping someone could tell me why I was off base here - haven't seen that yet

I miss booziebadass...
Posted by TaderSalad
mudbug territory
Member since Jul 2014
24694 posts
Posted on 7/10/17 at 8:16 pm to
quote:

Legal question for our resident lawyers


No means a lawyer, but I'll tell you how this is about to go down based on simple contract comprehension skills.

Seller sold you a device that had its IMEI associated with a debt (presumably with Verizon). Seller sold you that phone for a fraction of what was owed on the phone. You used said device for a season so Verizon recognized that the phone was still in use but maybe homeboy (seller) hadnt let his account go to shite. You happen to deactivate the device so it no longer registers as active on their end at a similar time that this guy stops paying his bills. You try to reactivate a device that you "stole" from Verizon and they say no, that IMEI still owes us money. They are protecting themselves from folks going in and creating accounts just to ditch em and sell new phones for less money.

You're wasting a whole lot of time and energy. Put that thing on EBAY as a locked device and some Asian will buy it and ship it off somewhere.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 7/10/17 at 8:23 pm to
I found a phone on Craigslist

Met the guy, called Verizon and verified that the phone was clear

Once verizon verified the phone was OK, I paid for it and placed it on my account

7 months later, the guy I bought from failed to pay his bill

Verizon locked the phone and now I can't use it be a use of the original owner's unpaid bill

Verizon is telling me I should have bought from them

I really think this may be an anti trust issue

Don't want a class action, just for Verizon to do the right thing

Will have my regular phone back tomorrow or will buy a new one

No big deal

Except Verizon is misbehaving here and I'm angry enough to make an issue if it
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 7/10/17 at 8:25 pm to
Excellent analysis

May be what I do

Do you think I am wrong here?

ETA_ they lock phones even if still in use - yes maybe a waste of time

But real shitty businesses on their part...
This post was edited on 7/10/17 at 8:27 pm
Posted by TaderSalad
mudbug territory
Member since Jul 2014
24694 posts
Posted on 7/10/17 at 8:26 pm to
quote:

dcbl




Put it on eBay, and someone will buy it. Make sure you list it as locked but in working condition. Verizon controls the IMEI and wont release it until the balance says $0. Had you purchased an unlocked phone and this happened to you, then by all means, get a lawyer.
This post was edited on 7/10/17 at 8:32 pm
Posted by Havoc
Member since Nov 2015
28642 posts
Posted on 7/10/17 at 8:27 pm to
quote:

I called my lawyer and we are initiating a lawsuit

Then why are you asking for lawyer advice? Probably not a good idea for a lawyer to give advice to someone that already has retained counsel.
Posted by Jorts R Us
Member since Aug 2013
14872 posts
Posted on 7/10/17 at 8:28 pm to
Normally I'd say you posted on the wrong board but after reading the content of your post I have determined you came to the right place. This board is full of idiots. Welcome.
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 7/10/17 at 8:36 pm to
quote:

This board is full of idiots. Welcome.
must have been what attracted you...
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 7/10/17 at 8:38 pm to
Your post doesn't really clarify anything.

quote:

Once verizon verified the phone was OK, I paid for it and placed it on my account

7 months later, the guy I bought from failed to pay his bill

Verizon locked the phone and now I can't use it be a use of the original owner's unpaid bill


Why is Verizon looking at a balance on an account the phone is allegedly no longer registered to?

Do they have a policy stating once a phone is purchased, it's functionality will remain contingent on the account status of the original buyer, regardless of who the phone is registered to? What if the original buyer cancels their account?
This post was edited on 7/10/17 at 8:40 pm
Posted by TaderSalad
mudbug territory
Member since Jul 2014
24694 posts
Posted on 7/10/17 at 8:41 pm to
quote:

Why is Verizon looking at a balance on an account the phone is allegedly no longer registered to?


Cellular companies go by the IMEI number rather than account. When bills aint paid, they lock the IMEI down. Doesnt go by last name, account number, etc.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 7/10/17 at 8:41 pm to
This makes more sense. So the debt was incurred prior to the sale of the phone- not after?

The time frame was a little wonky.

I don't fault Verizon for their practices in this instance if the situation you describe is actually what happened. Otherwise, people could transfer phones forever and never pay a bill.
Posted by BBONDS25
Member since Mar 2008
48745 posts
Posted on 7/10/17 at 8:43 pm to
What court has 100 dollar filing fees?
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 7/10/17 at 8:45 pm to
Locked the imei months after I bought it

If they allowed it to transfer to me, then it should be mine

I would have never known if my daughter had not poured a bottle of cleaning solution on the phone I normally use

Was keeping this phone as a backup in case the other one got damaged

Maybe I'm wrong here, I don't think so

Was hoping someone more knowledgeable could offer an opinion...
Posted by Iowa Golfer
Heaven
Member since Dec 2013
10233 posts
Posted on 7/10/17 at 8:47 pm to
My thought is I'd really like to see the responses of at least two self identified attorneys on here.

I could use a laugh.
Posted by Tiguar
Montana
Member since Mar 2012
33131 posts
Posted on 7/10/17 at 8:49 pm to
quote:

Locked the imei months after I bought it

If they allowed it to transfer to me, then it should be mine


This is where I get lost in the weeds. Either there was a clerical error or you purchased the phone in the twilight period between bills being late and them shutting down the phone.

Question that has to be answered is if they have an obligation to tell you if an unlocked, unstolen phone has an outstanding debt. Might depend on state with respect to "buyer beware" statutes, but I'd imagine they will say they have no obligation to facilitate third party negotiations.

eta: as it comes to no surprise to anyone, I have zero law training or any interest therein. I'm just trying to spitball here because I'm bored
This post was edited on 7/10/17 at 8:51 pm
Posted by dcbl
Good guys wear white hats.
Member since Sep 2013
29726 posts
Posted on 7/10/17 at 8:51 pm to
quote:

What court has 100 dollar filing fees?


I actually don't know what the actual fee is, could be more

But probably not much more, I wouldn't think

Posted by BBONDS25
Member since Mar 2008
48745 posts
Posted on 7/10/17 at 8:53 pm to
I understand your anger, but it sounds like your damages at worst are 75 dollars. Court costs will probably be at least 250. This isn't legal advice. Just an observation.
first pageprev pagePage 2 of 3Next pagelast page

Back to top
logoFollow TigerDroppings for LSU Football News
Follow us on Twitter, Facebook and Instagram to get the latest updates on LSU Football and Recruiting.

FacebookTwitterInstagram