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Selling used equipment as new

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Colorado

Not sure if this is the right area, but I am exhausted searching for information on selling used/refurbished products as new.

I bought a NEW cell phone at a retail outlet and almost sure it is actually a re-furbished phone. I have spent 3 days searching law, legal sites, google, forums, etc. I cannot find one discussion of law on selling products as new, when actually giving the customer a re-furbished product without their knowledge. I searched misrepresentation,fraud, used as new, ripoffs, scams, law sites/forums etc. etc. I can not be the first one on the internet that had this happen.

My questions:

1) What law statutes cover selling used as new? I am not interested in companies' rights to provide replacements that are re-furb, re-manf, etc. I mean you buy it new, pay for new, and they give you used.

2) How can you tell if a cell phone is a re-furb/re-manf phone?

3) Any ideas of any site anywhere that might describe how to tell, or organization that can verify new or used, forums, or anything that exists that might help me. I would even appreciate some suggestions for seach terms at this point.

4) I found statements like: "Watch out, they sell used as new". "I am sure it is illegal." "These guys are known for this".....and other comments, but not one reference to actual law, actions, facts, or help.

At this point, I do not even care if it refers to cell phones.

I have proof. I have a sales receipt, brand new packaging,no reference to being anything other than brand new on packaging, receipt or phone itself.... the outlet is a Company Store, only sells new equipment where I purchased it.

I still have the phone, still have the re-furbished replacement phone sent to me by phone repair/service rep that I did not request.(who also mistakenly told me my new phone "was a re-furbished phone, too"). I tried to return the one they sent and they told me they activated it already (without my authorization), and cut off my phone (which was dead, now). They told me my only option was to use the replacement they sent! I talked to four different people trying to get me to use it and return mine to them (they all want my phone in their hands, since they made the comment on it being used) and kept repeating how they never sell used phones as new ones. (Even when I stopped asking the question). I cancelled my service, still have the phone they sent me, but want some facts before I return the possible "evidence".

Can anyone help? Thanks in advance...
 


shortbus

Member
In a breach of contract action, you have to have suffered some kind of measurable economic damages to collect anything. OK, so you got a refurbished phone. You cancelled the service. What are your damages? None.
 
Well, guess you have a point, there.

I paid $300 for the "new" phone when I bought it. Sort of feels like buying a new car, finding out the odometer was turned back, and applying salesman logic of...."what's the difference anyway, the used car still gets me where I want to go". But, I know this is the way business is done now. Buyer beware.

I also lost $1300 in business when they cut off my phone for two days. I use cell number only for business consulting.

No wonder they want your old phones. Wish I had a business with a product I could sell new, then disable, replace with a used product, then resell as new again. America, what a concept..........lol

Time to move on....got new phone + new carrier for $110 this time......getting smarter. The Motorola 731t looks good in my cell phone storage box with the other 5 phones they sold me to fix other problems...lol. Hey, maybe this is how Qwest got started...maybe I should open a phone store...

Anyway, Thanks for the feedback...
 

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