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Phone Scam

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maa502

Junior Member
What is the name of your state (only U.S. law)? NY

Hi There,

This is my first time here so I apologize in advance if im posting in the wrong place. Secondly I would like to thank anyone for any help/advice I may get regardless of how small.

On to my problem,

I purchased a phone from a wireless phone store in the city (NYC) little over a month ago. I have the receipt saying that I purchased a 64gb rose gold iphone 6s plus Tmobile unlocked. When I went to go pick it up the seller gave me a sealed box with a 16gb iphone. I found that odd so I asked him are you sure this the right phone and he said yes, the box says 16gb but the actual phone is 64gb. So I go home to give the phone to my gf for her birthday and while were syncing the phone to the computer we find out the phone is actually 16gb and only works with tmobile. So I call the store and we have a few texts back and forth and he tells me that the phone supplier made a mistake and that he will let me know when my phone gets in. Two weeks go by and still no phone (I’m constantly texting and calling him for updates in the meantime). Soon I get fed up with the vague excuses so go to the store to talk to him and he tells me that the supplier still hasnt brought the phone and that I should wait. A week goes by and now hes telling me that the phone I want is going to cost me $900. His reasoning is that the unlocked phones or verizon phones are harder to come by so they’re more expensive, but he never once mentioned that to me before my purchase. He also goes on to tell me that if I want I can return the phone he originally gave me and get a refund minus a 35% restocking fee. My question is what I can do in this situation to either get all my money back or the phone I originally paid for? I know that is partially my fault, but I honestly thought that there was a slimmer chance a store will scam me than a random seller on craisglist.

Thank you
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY

Hi There,

This is my first time here so I apologize in advance if im posting in the wrong place. Secondly I would like to thank anyone for any help/advice I may get regardless of how small.

On to my problem,

I purchased a phone from a wireless phone store in the city (NYC) little over a month ago. I have the receipt saying that I purchased a 64gb rose gold iphone 6s plus Tmobile unlocked. When I went to go pick it up the seller gave me a sealed box with a 16gb iphone. I found that odd so I asked him are you sure this the right phone and he said yes, the box says 16gb but the actual phone is 64gb. So I go home to give the phone to my gf for her birthday and while were syncing the phone to the computer we find out the phone is actually 16gb and only works with tmobile. So I call the store and we have a few texts back and forth and he tells me that the phone supplier made a mistake and that he will let me know when my phone gets in. Two weeks go by and still no phone (I’m constantly texting and calling him for updates in the meantime). Soon I get fed up with the vague excuses so go to the store to talk to him and he tells me that the supplier still hasnt brought the phone and that I should wait. A week goes by and now hes telling me that the phone I want is going to cost me $900. His reasoning is that the unlocked phones or verizon phones are harder to come by so they’re more expensive, but he never once mentioned that to me before my purchase. He also goes on to tell me that if I want I can return the phone he originally gave me and get a refund minus a 35% restocking fee. My question is what I can do in this situation to either get all my money back or the phone I originally paid for? I know that is partially my fault, but I honestly thought that there was a slimmer chance a store will scam me than a random seller on craisglist.

Thank you
Have you asked to speak to the manager or owner of the store? Offering you a refund minus a 35% restocking fee when they never delivered what you paid for is absurd. If you cannot get through to them you might have to file against the store in small claims court.
 

maa502

Junior Member
Have you asked to speak to the manager or owner of the store? Offering you a refund minus a 35% restocking fee when they never delivered what you paid for is absurd. If you cannot get through to them you might have to file against the store in small claims court.
Thanks for replying I really appreciate it. I'm pretty sure the man I was in contact with is the manager. I'll give it another go to confirm if he is indeed the manager or not. How would I go about filing claim against the store in small claims court?
 

quincy

Senior Member
Thanks for replying I really appreciate it. I'm pretty sure the man I was in contact with is the manager. I'll give it another go to confirm if he is indeed the manager or not. How would I go about filing claim against the store in small claims court?
To get you started, here is a link to a Guide to Small Claims & Commercial Small Claims for Suffolk County District Court. The Guide was updated on January 26, 2015, so there may be additional updates since then. You can check your court for information.

https://www.nycourts.gov/courts/10jd/suffolk/dist/smallclaimsbook.shtml

If you find that the store is not being reasonable when you try to return the phone for your full purchase price (or the store giving you the phone you originally asked for and paid for), keep the phone because, if you find yourself having to go to court, you should have your receipt showing the price you paid and the type of phone you paid for, and you should have the phone the store gave you instead.

A question: Was the price you paid for the 64gb rose gold iPhone 6s (Tmobile unlocked) unreasonably low? Should the price, in other words, tipped you off that what the store was giving you was not what you asked for? Opening the box at the store before purchase probably would have made your life a lot easier.
 

maa502

Junior Member
To get you started, here is a link to a Guide to Small Claims & Commercial Small Claims for Suffolk County District Court. The Guide was updated on January 26, 2015, so there may be additional updates since then. You can check your court for information.

https://www.nycourts.gov/courts/10jd/suffolk/dist/smallclaimsbook.shtml

If you find that the store is not being reasonable when you try to return the phone for your full purchase price (or the store giving you the phone you originally asked for and paid for), keep the phone because, if you find yourself having to go to court, you should have your receipt showing the price you paid and the type of phone you paid for, and you should have the phone the store gave you instead.

A question: Was the price you paid for the 64gb rose gold iPhone 6s (Tmobile unlocked) unreasonably low? Should the price, in other words, tipped you off that what the store was giving you was not what you asked for? Opening the box at the store before purchase probably would have made your life a lot easier.

I'll def look into small claims court, thanks a lot for your help. And regarding the price for the phone, it wasn't crazy cheap. I paid $640. I found multiple people selling it online and Craigslist for as low as $650 but I went with the store because I thought it would be a lot easier if anything happened to the phone in the future.

You have no idea how many times I ran the scenario in my head that day lol. I knew I should have opened it then and there but I wanted to give my gf a brand new sealed phone.
 

quincy

Senior Member
I'll def look into small claims court, thanks a lot for your help. And regarding the price for the phone, it wasn't crazy cheap. I paid $640. I found multiple people selling it online and Craigslist for as low as $650 but I went with the store because I thought it would be a lot easier if anything happened to the phone in the future.

You have no idea how many times I ran the scenario in my head that day lol. I knew I should have opened it then and there but I wanted to give my gf a brand new sealed phone.
If you do have to take this to court, having with you evidence to support the price you were charged for the phone could help.

Good luck, and thank you for the "friend request." It has always been my policy on this site to not accept the requests, but the offers are always appreciated. :)
 

quincy

Senior Member
If you paid for the phone with a credit card, contact your credit card company. They should be able to help you.
If you are suggesting that maa502 stop payment on the phone he purchased and has in his possession, I do not recommend that at all.
 

RRevak

Senior Member
Op you might have an issue. From the Apple website, the price you paid for your phone IS the price of the 16gb while the price for the 64 is near $900. Just so I'm clear, was this phone supposed to be brand new or a refurbished model?
 

xylene

Senior Member
I don't know why the OP shouldn't contact his credit card company about a purchase where he feels he was swindled. I can't say all for sure but I know many cards (amex and citi visa) offer protection for exactly such things. Fraud and purchase protection covers much more than unauthorized charges.
 

RRevak

Senior Member
Op you might have an issue. From the Apple website, the price you paid for your phone IS the price of the 16gb while the price for the 64 is near $900. Just so I'm clear, was this phone supposed to be brand new or a refurbished model?

Editing to correct: actually OP your 16gb phone plus in the Rose Gold would have been closer to $750 while the pricing point for the 64 remains near $900.
 

RRevak

Senior Member
I don't know why the OP shouldn't contact his credit card company about a purchase where he feels he was swindled. I can't say all for sure but I know many cards (amex and citi visa) offer protection for exactly such things. Fraud and purchase protection covers much more than unauthorized charges.
Because from the pricing point OP DID get what he paid for. The price was right, the box said 16gb, and it was sealed (per OP's words). It's going to be very hard for him to prove he was swindled.
 

Zigner

Senior Member, Non-Attorney
Because from the pricing point OP DID get what he paid for. The price was right, the box said 16gb, and it was sealed (per OP's words). It's going to be very hard for him to prove he was swindled when everything points otherwise based solely on the evidence presented.
The OP said that his RECEIPT says he was getting the 64gb model.
 

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