Suing Wal-Mart for fraud

[dlmvegas]

What is the name of your state (only U.S. law)? nevada

I live in Nevada but while in Kona in late September, my current phone died. I had been with Straight Talk for 3+ months when this happened so I went to Walmart in Kona to get another phone. Asked for another iPhone and told salesman that I moved my dead phone from Verizon to Straight Talk a few months ago. He gave me the new iPhone and helped me get the new phone setup and activated with Straight Talk at the store.

Tonight, 12/20 I called Straight Talk to complain about phone problems with their service. The manager at Straight Talk ran some diagnostics on the phone while I was talking to him. During the conversation I find out that the new phone is GSM technology and not CDMI which is what I have always had. He asked if the salesman told me the new phone was GSM technology and I replied NO. I also said that would explain why my service sucks as well. GSM technology is used primarily in Europe, Asia and by AT&T in this country.

I have a technical background and know about GSM and CDMI technology already. If I had known that I was being sold a GSM phone I wouldn't have bought it and would have asked for a multi-carrier (CDMI) phone instead. If I get tired of Straight Talk my only other option is to use AT&T. I have heard nothing good about them. Given the fact that Hawaii is primarily Verizon or CDMI technology I had no reason to think that any GSM phones were being sold there or that Apple still made GSM based phones.

I've had this phone now for 90 days. I am contacting Walmart and requesting an exchange of the phone for the proper CDMI version of the phone like the one I had. Given articles I've read on the internet they will probably tell me to take a hike. I am prepared to file small claims against them over this. I feel ripped off and lied to at the cost of $650.00. Any further advise? Is this considered fraud on the part of Walmart? Any other options I might have?

 

[ajkroy]

If CDMI technology is so important to you, did you ask that specific question when you purchased your phone?

 

[dlmvegas]

If CDMI technology is so important to you, did you ask that specific question when you purchased your phone?

Why would I. Did you actually read my post. Hawaii is CDMA country and as far as I know AT&T doesn't even exist over there. I had said to the salesman that I brought my Verizon phone over to Straight Talk. Why would he then give me a GSM phone? Why didn't he tell me that he was selling me a GSM phone? I didn't even think that Straight Talk even sold GSM phones. I've had nothing but phones that worked with Sprint or Verizon or other carriers for many years.

Is this the legal advice I'll get here?

 

[justalayman]

First, it's cdma not cdmi so how familiar you are with the tech is in question already.

Post the model number of your phone. It starts with an a followed by 4 numbers
It's located on the back of your phone. Depending on the model (4, 4s, 5, 5s, etc) it isn't as simple as saying the phone is GSM or cdma. On the newest iPhones they are both GSM and cdma capable. They used to be totally seperate phones for each but Apple has worked to eliminate that situation so, what's the model number?

 

[eerelations]

I don't think this is fraud, I think it's at most mistake on the part of a Wal-Mart employee.

That said, if Wal-Mart refuses to reimburse you or give you a new phone, you may go ahead and sue Wal-Mart in small claims court if you wish. You don't have to use the reason "fraud" all you have to due is sue for the amount you paid for the phone. You have a 50-50 chance of winning the case, and you won't require an attorney. If you win, you will have to return the existing phone to Wal-Mart, so bring it with you to court.

If you're dead set on suing for fraud, you will first have to report Wal-Mart's fraudulent activity to the police. Then, after the police have nailed Wal-Mart and the courts have determined Wal-Mart to be indeed guilty of fraud, you will then be free to sue Wal-Mart for fraud. You will require an attorney for this. Given that this won't be a slam-dunk case, the attorney probably will not accept the case on a contingency basis. This means you will be expected to pay a large retainer up front, and ongoing fees as the case drags its way through the court system. (In other words, this option will cost you a lot of money - way more than $650! - and will take years to resolve before you will know whether or not you will get your $650 back.)

There, is that legal enough for you?

 

[Silverplum]

Why would I. Did you actually read my post. Hawaii is CDMA country and as far as I know AT&T doesn't even exist over there. I had said to the salesman that I brought my Verizon phone over to Straight Talk. Why would he then give me a GSM phone? Why didn't he tell me that he was selling me a GSM phone? I didn't even think that Straight Talk even sold GSM phones. I've had nothing but phones that worked with Sprint or Verizon or other carriers for many years.

Is this the legal advice I'll get here?

Expect to be asked questions. Toughen up.

 

[FlyingRon]

You're mistaken. Hawaii isn't a country, and GSM is just as prevalent there as anywhere else in the US. I have two GSM phones (ATT and T-Mobile) and have had zero problems there.

Further, you've not shown anything even approaching the definition of fraud. You were the one who made an unfounded assumption that StraightTalk was CDMA. Straight Talk doesn't actually have ANY communications facilities. They resell service from a variety of carriers including just about all of the majors (ATT, T-Mobile, Verizon and Sprint). I'd actually be surprised if this phone couldn't speak multiple protocols.

 

[justalayman]

There is absolutely no fraud here and tossing that term around is likely to get op shut down in dealing with this and Walmart. I'll bet upon the first utterance of the word fraud whomever he is speaking with at Walmart will go:

I'll have to refer you to the manage who is going to refer him to walmarts legal department.

It was not fraud. At best it was an error and most likely an ignorant error. Remember you are dealing with people that work for a company that works real hard to keep their wages low. While I have spoken with some very educated people at Walmart in whatever department I was in, for most purposes any employee is a universal employee and while working in the electronics department today they may have been stocking shelves in the grocery department yesterday. Many don't know the difference between cdma, GSM, ups, usps, and isp.


So, to start with, op needs to contact the Walmart the phone was purchase from and open a dialogue on the issue. Op may discover the store is more than willing to take care of the issue, maybe not but until op attempts to deal with Walmart, he is spinning his wheels.


And if op is in Nevada now he needs to understand suing Walmart will be real expensive as he will have to return to Hawaii to sue them. Those travel costs are not recoverable so that $600 phone has just cost him a couple round trip tickets.

And of course if op loses, well, at least he got to see his girlfriend.