Apple refuses to return repaired iPhone to owner



  • Reply 41 of 189
    drowdrow Posts: 121member
    look, there's an ESTABLISHED and LEGAL procedure to handle this case.


    original sales receipt only proves that you purchased it.

    proof of payment of the associated phone contract only proves that you're a flippin idiot.
  • Reply 42 of 189
    chris_cachris_ca Posts: 2,543member
    Originally Posted by tcphoto View Post

    If you can produce those documents I would challenge the criminals claim of ownership.

    That's would be a court matter, not an Apple/ATT matter.

    Seems it would be much, much, much easier to file a police report or find out why the police did not though te police would have a record of phone calls/visit to station or any actions they took.
  • Reply 43 of 189
    Originally Posted by madgunde View Post

    Except that the original bill of sale is no proof that you haven't gifted or sold your iPhone to someone else. Sorry, but I back Apple in this case. A police report is the only way for Apple to be sure you aren't being fraudulent.

    Think of it this way, if you bought a used iPhone legally and took it in for repair, how would you like it if Apple gave it back to the original purchaser when you took it in for warranty service? If you're the victim of a crime, and want to ever get compensated for it, file a report with police. This isn't rocket science after all.

    Bingo. It all begins and ends right there. Apple should NOT be assigned to be arbiter of legal disputes between someone who claims to own a phone legally, and a previous owner who still claims the phone is there. I bought a laptop from someone on Craig's List. If I took it in for repair, and suddenly the previous owner was attempting to murky the waters... that'd would be extremely irritating. Police report. Moreover, everyone should also remember to get a bill of sale from anyone they buy stuff from.

    ~ CB
  • Reply 44 of 189
    jfanningjfanning Posts: 3,390member
    Originally Posted by Quadra 610 View Post

    Apple's customer service is the best in the industry,

    Says who? You Apples number one fanboy
  • Reply 45 of 189
    quadra 610quadra 610 Posts: 6,744member
    Originally Posted by jfanning View Post

    Says who? You Apples number one fanboy

    Says customers, troll. Several years in a row.


    The American Consumer Satisfaction Index (ASCI)* second quarter report indicates that within the Personal Computers category, customers perceived Apple as the best company in terms of customer service. Apple’s baseline score was 77 (on a 100-point scale), and the Q2 2006 score was 83.

    Computerworld, discussing Apple’s number one ranking says, “The Company’s focus on product innovation and customer service has won it a cadre of famously loyal customers, unlike any other PC vendor. And why are Dell’s scores slipping? The article elaborates, “Survey respondents complained mostly about the quality of Dell’s customer service, not its products, Van Amburg said… customers were clearly more frustrated with Dell than they were last year, he said.”

    This blog post ‘New Virus Found! The You Suck Virus,’ states, “Part of being “excellent” in business is being innovative. If you agree with that one criteria (I know there are more) then Apple is the clear winner when it comes to innovation. Companies like Dell, HP, and IBM make good computers but once you compare them to a really excellent product (like an Apple) it is easy to see the difference.”

    This 2003 article indicates that Apple is pretty consistent when it comes to high-quality customer service, “Apple did garnish the number one customer service ranking in the 2001 Consumer Reports Annual Questionnaire, and a number one ranking for desktop repairs in May 2003.” Here are some customer compliments for Apple.

  • Reply 46 of 189
    jfanningjfanning Posts: 3,390member
    Originally Posted by Quadra 610 View Post

    Says customers, troll. Several years in a row.

    May I ask, especially since you don't even live there, why you only post links that are for USA based surveys?
  • Reply 47 of 189
    monstrositymonstrosity Posts: 2,204member
    Originally Posted by JeffDM View Post

    I haven't had anything stolen from me in a very long time.

    I had my laptop stolen from me 3 weeks ago. Very annoying. Was meant to me releasing software the very day it was stolen. Has put the project back weeks, and cost me a fortune.

    Biggest mistake I made was to not encrypt important documents, 10 years worth of personal info and sensitive company data are now out there, somewhere. Chances are the little jerks who stole it will simply format the whole thing, but I will never know for sure, and have spent the whole of xmas doing damage limitation.

    Not a nice experience.

    I'm now the owner of a nice shiny new Macbook Pro, infact a little too shiny, you can add me to the list of people who dislike the glossy screen.

    Oh and a merry christmas to all on Appleinsider! And a very special merry xmas to Time Machine without which things would have been a hell of a lot worse.
  • Reply 48 of 189
    Originally Posted by Chris_CA View Post

    As others have noted, proof of purchase means nothing excpt that you purchased it. It does not mean you still own it.

    A police report would be used to show current ownership.

    Same thing, you purchase it you own it!

    A police report does nothing but show that your cell phone has been stolen, and he detials of when, where, why it was stolen. Proof of purchase is something different and stronger than a police report, because a report of an officer, doesn't mean you own it or have proof of you owning it.

    What this lady is trying to do is get back for what she paid for, even if it were stolen.

    If you purchased your house, out of your own money, and you have your own proof of purchase, who are you going to give your house to, your neighbor?

    No! (unless you're nice enough to do so.)

    If you purchased, you own it. not to just waist your money for nothing.
  • Reply 49 of 189
    citycity Posts: 522member
    It's my personal experience that AT&T allows someone with a stolen iPhone to active and continue to use it, even if that person account activities are otherwise suspicious. They just consider them a customer. Also, an AT&T store employee told me that he had the same experience, found the address and contact information on the AT&T computer, but was prohibited from contacting the thief due to privacy issues.
  • Reply 50 of 189
    This is EFFING outrageous!!!!!!!!!!!!!!!!!! Eff You Apple!!!!!!!!!!!!!!!!!!!!!!!
  • Reply 51 of 189
    markmark Posts: 143member
    Gosh. A lot of lawyers here. Ethicists, not so much.
  • Reply 52 of 189
    tbelltbell Posts: 3,146member
    That is true. She should file one now. Even if Apple doesn't give her a replacement phone, the police can use this information to locate the person who allegedly stole the phone.

    Originally Posted by Eriamjh View Post

    So file a report now. Stolen is stolen.

  • Reply 53 of 189
    Originally Posted by jfanning View Post

    Says who? You Apples number one fanboy

    Quite possibly
  • Reply 54 of 189
    So ATT/apple repaired the phone under warranty, does that mean that her monthly account fees are paid eg is she somehow paying for the thief??

    I would think that she would have reported the phone lost to att and had the service terminated.

    I think we need more information on what is going on.

    Did she get a replacement iphone??
  • Reply 55 of 189
    nasseraenasserae Posts: 3,157member
    Originally Posted by jfanning View Post

    May I ask, especially since you don't even live there, why you only post links that are for USA based surveys?

    Maybe because Apple is a US based company with 50% of its sales in the US? If you have other "international" ranking from independent unbiased source please share it with us. You asked who and he replied to to you with more that six sources.
  • Reply 56 of 189
    tbelltbell Posts: 3,146member
    Imagine that you buy an iPhone off of somebody, One of the reasons you bought it was that the phone was still covered by warranty. You paid with a money order. Now a month later the phone breaks, you want a replacement, and Apple will not give it to you because the original owner has called Apple and claims the phone was stolen. You do not have a receipt of the money order anymore because the seller sold it to you as is and you didn't think there was any reason to keep a copy anymore.

    If Apple refused to honor the warranty under those circumstances, you could potentially sue Apple not only for breach of warranty, but also because Apple would be essentially making you prove you are not a thief. Insinuating somebody is a thief is serious business.

    Apple's responsibility is to honor the warranty. Further, it is going to assume that if you are in possession of something, you are the owner of it. If you are going to claim somebody stole something, you as the accuser need proof not of your original ownership but of the theft. The proof comes in the form of a sworn statement to a police officer that the item was stolen.

    Sucks the lady got her phone stolen, but she has options. File the report now. Talk to police about the email from Apple. Police can contact Apple and request the contact information of the party seeking to have the phone replaced. Apple will likely give it to the police if requested properly (e.g. in writing). The police would likely then contact the person with the phone and inquire how that person came to possession of the phone. Maybe the person with the phone bought it from the thieve.
  • Reply 57 of 189
    rtdunhamrtdunham Posts: 428member
    [QUOTE=dagamer34;1542284]]Your correct, you aren't a lawyer, because if any law student peddled what you just said, you're professor would laugh at you.

    I credit you for knowing there're two different ways to spell "your/you're" and for trying to get it right. Unfortunately, you got 'em both wrong this time. An easy way to remember: "you're" is a contraction for "you are": if you could substitute the words "you are", as in "you are correct", then you use "you're", which is what your sentence should have started with. Just like "there're" is a substitute for "there are...two different ways..." and is the proper use, not "their". Hope that helps.

    Originally Posted by DAGAMER34 View Post

    1) Proof of sale != proof of ownership. Items can be sold to other people.

    2) Because of point one, the assailant can simply say that (victim) sold the phone to the thief. The burden of proof is on HER (the victim) to prove that she is right, not that the thief is wrong.

    I disagree on your item #2 (and no, I'm not a lawyer either). But if a guy stole my car and it's got my license plate on it, it seems like the burden of proof would be on the thief, not on me. It's mine until someone can show proof that ownership was transferred to them. Which gets back to the need for the police report. And, if you're on the other side of the fence, for bills of sale.

    A different example: you're in a crowd, and someone grabs your phone out of your hand, and the police hear you yelling and immediately collar you and the thief. You say, "that's mine, look, here's my original bill of sale" and the thief says, "huh-uh, i bought it from him." Don't you think the he-said/he-said would be resolved in favor of the person with the proof of ownership? But--modifying the example--suppose you just bought the phone from a guy, and he didn't give you a bill of sale, and HE yells, "hey, this guy stole my phone": Should the police simply give it back to him without any question? These situations are sometimes not as simple as they seem. And from my experience with a few much, much more serious crimes, I'm surprised the police would respond to search for the phone, much less call apple on your behalf. I think the victim got more cooperation than most of us would get. I'd suspect small-town vs large? If this story supposedly concerns a theft on the NYC subway, then something smells fishy.
  • Reply 58 of 189
    Originally Posted by AppleInsider View Post

    The crime happened on the subway in New York city, after which the victim promptly called the police who searched the area to no avail.

    If she called the police (and esp. if she called 911), there WILL be a dispatch record somewhere in NYPD's archives. That should be as sufficient of a report as any.

    Hmm... since Apple has (had?) the phone and knows who the thief is, couldn't this be considered aiding & abetting, along with obstructing an officer?

    Perhaps a friendly reminder of how this could earn Apple some arrest warrants would help things along...
  • Reply 59 of 189
    jfanningjfanning Posts: 3,390member
    Originally Posted by NasserAE View Post

    Maybe because Apple is a US based company with 50% of its sales in the US? If you have other "international" ranking from independent unbiased source please share it with us. You asked who and he replied to to you with more that six sources.

    And with comments like that people wonder why Apple has trouble gaining a more international footing.

    The user that posted was a non US person, for him to make such a comment it is fair to get a non US response.
  • Reply 60 of 189
    bsenkabsenka Posts: 799member
    Something doesn't add up in her story. The police were called, and they attended to her twice (once in the subway, and once at her home), but there is no incident report on file?
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