Is it legal for Apple and AT&T to keep iPhones locked?

[Tiki-tiki]

With the release of the new iPhone, in Europe the UK and Canada, the phone can now be bought outright and unlocked (not tied to any carrier). In the US, due to a deal AT&T and Apple have, the phones are locked and under no circumstances with they unlock it for you.

For me, I can deal with staying with AT&T in the US, but when I travel abroad as I do roughly twice a year, I feel that I should be able to use a device that I paid for as I see fit. I should be able to insert a local SIM card and pay local charges, rather than AT&Ts exorbitant roaming charges. This is what I've been able to do with other phones. I have had my earlier iPhone unlocked and been able to use it, but as these are through the means found by hackers, this kind of thing voids the warranty. I'd say that's fair enough, but the fact is, without it, our choice is to either pay the roaming charges or not use the phone at all at a time when we'd like to use it most.

Is it legal for them to sell us a device and then prohibit us from using it as we see fit? Is this the kind of thing that is grounds for a class action suit?What is the name of your state (only U.S. law)?

 

[racer72]

It's perfectly legal because US law is back asswards when it comes to cell phones and the laws that govern the cell phone industry in this country. That is why US consumers also pay 3 times as much than other countries and receive subpar service is many cases.

You are also agreeing to their terms and condition when you buy thier products and use their services.

 

[cosine]

It's perfectly legal because US law is back asswards when it comes to cell phones and the laws that govern the cell phone industry in this country. That is why US consumers also pay 3 times as much than other countries and receive subpar service is many cases.

It's not just cell phones. Look at medicines as just one example (comparison shopping in Canada). If you want to fix this, talk to your Congress Person. Or more likely you'll have to become one. Remember, the lifestyle of Congress is not taxpayer funded.

There are unlocked phones you can buy in the US and use with most carriers (depends on which technology the carriers are using ... that we have two different ones here is also part of the problem). In many foreign countries, you can buy unlocked phones there cheaper, even without ID, and use them for local non-roaming service pretty much anywhere (and in some cases even back here in the US). AT&T is likely to not sign you up for service with a foreign iPhone. But, maybe, some other carrier might (but without some of the frills specific to iPhone that the carrier has to structure for).

You are also agreeing to their terms and condition when you buy thier products and use their services.

Another problem of the US ... that there are no standards for this. In some countries, no such terms and conditions are even needed. But you also might not like the overly intrusive nature of governments, there, either.

 

[Tiki-tiki]

It's perfectly legal because US law is back asswards when it comes to cell phones and the laws that govern the cell phone industry in this country. That is why US consumers also pay 3 times as much than other countries and receive subpar service is many cases.

You are also agreeing to their terms and condition when you buy thier products and use their services.

Thanks, racer. I was about to go "But..." but I guess that's the way it is. I'm from Australia originally so I know how much better it can all be. My sister is paying $79 a month and got the best iPhone for free in her two year contract whereas we are paying close to $250 a month AND I had to fork out cash up front for mine. It sucks, but thanks for clearing that up.

 

[Tiki-tiki]

It's not just cell phones. Look at medicines as just one example (comparison shopping in Canada). If you want to fix this, talk to your Congress Person. Or more likely you'll have to become one. Remember, the lifestyle of Congress is not taxpayer funded.

There are unlocked phones you can buy in the US and use with most carriers (depends on which technology the carriers are using ... that we have two different ones here is also part of the problem). In many foreign countries, you can buy unlocked phones there cheaper, even without ID, and use them for local non-roaming service pretty much anywhere (and in some cases even back here in the US). AT&T is likely to not sign you up for service with a foreign iPhone. But, maybe, some other carrier might (but without some of the frills specific to iPhone that the carrier has to structure for).

Another problem of the US ... that there are no standards for this. In some countries, no such terms and conditions are even needed. But you also might not like the overly intrusive nature of governments, there, either.

I've had unlocked phones before or had them unlocked, but of course the issue here is the coveted iPhone.

As for overly intrusive, I think Australia has it about right, which is where I came from. I guess the US is much like the iPhone. It has all that I want but with some undesirable conditions!

 

[Hot Topic]

Why did you delete the question asking what state you live in?

 

[Aunt♥Bunny]

Why did you delete the question asking what state you live in?

Oh, just a little bit late to the party now are you. Must be a slow night.

Oh and to just make sure you have it correctly, child. The poster did not delete the question, he just failed to answer it.

Is it legal for them to sell us a device and then prohibit us from using it as we see fit? Is this the kind of thing that is grounds for a class action suit?What is the name of your state (only U.S. law)?

 

[ecmst12]

Any Android phone is better then the iphone anyway.

 

[Tiki-tiki]

Sorry, I just forgot to answer it. I live in California.

 

[Andy0192]

If people refused to purchase "locked" phones, the carriers would probably offer unlocked phones.

In the USA, people are willing to purchase a subsidized, locked phone at a low price, but tied to a contract.

Unlocked phones generally don't come tied to a contract, and don't have a subsidy. When a carrier doesn't subsidize the handset, they don't usually have any need to lock them.

If you don't want to have a locked phone, don't buy one. Encourage your friends not to buy any either. Start a consumer revolution. Well, you can at least try... My guess is you'll have a hard time finding more than 10 people in a group of 100 who understand (or even care).

 

[Tiki-tiki]

If people refused to purchase "locked" phones, the carriers would probably offer unlocked phones.

In the USA, people are willing to purchase a subsidized, locked phone at a low price, but tied to a contract.

Unlocked phones generally don't come tied to a contract, and don't have a subsidy. When a carrier doesn't subsidize the handset, they don't usually have any need to lock them.

If you don't want to have a locked phone, don't buy one. Encourage your friends not to buy any either. Start a consumer revolution. Well, you can at least try... My guess is you'll have a hard time finding more than 10 people in a group of 100 who understand (or even care).

I'd be in if I thought anyone would go along with it.

As for as subsidies, that's hardly the case. You are able to buy the new iPhone i the US without a contract for $699 however they are still giving this phone to you locked to AT&T. You can buy an unlocked one in Canada for $799. Not cool.

 

[QueenofEngland]

Do you really think that Apple or AT&T has the time or desire to have their employees on their pay unlock a phone for you to use with another carrier? No, and why should they? You can buy an iPhone and look up easily how to do it online and do it yourself.

When you buy the phone, you are agreeing to the terms. Don't like the terms? Return the phone. Yes, I have an iPhone4, and I love it, but I don't like how it's locked, even though I'm very happy with my AT&T service (and business discounts giving us 2 lines unlimited everything for $100/mo). My options are to accept the phone and terms, which I did, or give the phone back. No one's forcing anyone to use the iPhone and AT&T. But guess what. There's public evidence that AT&T is soon no longer going to have the exclusive contract.

 

[Tiki-tiki]

Do you really think that Apple or AT&T has the time or desire to have their employees on their pay unlock a phone for you to use with another carrier? No, and why should they? You can buy an iPhone and look up easily how to do it online and do it yourself.

When you buy the phone, you are agreeing to the terms. Don't like the terms? Return the phone. Yes, I have an iPhone4, and I love it, but I don't like how it's locked, even though I'm very happy with my AT&T service (and business discounts giving us 2 lines unlimited everything for $100/mo). My options are to accept the phone and terms, which I did, or give the phone back. No one's forcing anyone to use the iPhone and AT&T. But guess what. There's public evidence that AT&T is soon no longer going to have the exclusive contract.

I already got my 3G unlocked but there is no unlock for the iPhone 4 just yet. So no, I can't do it myself just yet. The hackers are still working on it. Also, I would pay AT&T to unlock the phone. Where did I say I wanted them to do it for free, nutcase? I just want the thing unlocked so I can use it overseas.

Lastly, as I said, even buying the phone outright, which I am willing to do, does not give you an unlocked phone and I think it should. I'm happy for you if you are happy with your service, but I have barely one bar in my apartment, they tell me four of nine towers are down in my neighbourhood, so new iPhone aside, they have crappy coverage and until the Verizon thing was announced today, we've been stuck with AT&T.

Just like you think people should accept the terms and conditions or take the phone back, you need to realise that not everyone is happy to take it up the ass by ******* corporations so when they complain or try to do something about it, YOU need to accept that people do that and not step in with your useless "deal with it" comments. Your comments to this conversation are like mine to AT&T's terms and conditions.

 

[QueenofEngland]

Unless you pay the full, unsubsidized price for the iPhone, AT&T will lose money. We pay Apple $199 or $299, and AT&T pays Apple the rest, so another $400. This amount is spread out through the course of contracts and is further subsidized by people who don't get new phones and continue paying every month. You are nuts to think that AT&T or Apple should make the unlock for people. Bad business move for them. Again, if you don't like it, don't buy an iPhone. A cell phone is a privilege to have, a luxury. So you're not taking it up the arse. You have options. Other carriers, a landline. No one's forcing you to sign against your will.

If you have the serious cash it would take, how about buying a phone from Japan or the UK that aren't locked to AT&T?