Apple refuses to return repaired iPhone to owner

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  • Reply 121 of 189
    mobilememobileme Posts: 288member
    Quote:
    Originally Posted by AppleInsider View Post


    Apple will not return a stolen iPhone to to the original owner after the thief took the phone in to get serviced due to the victim's failure to file a police report.



    After getting her iPhone stolen, one reader relayed to Consumerist the tale of her failed attempts to try to get it back from AT&T and Apple. 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.



    Several weeks later the victim received an email from Apple notifying her that someone had filed a request to replace her broken phone through Apple Care. Her email was linked to the serial number of the phone so she received all messages regarding service and warranty work. After hours spent on the phone with Apple and AT&T she was notified since a police report was never filed she doesn't have sufficient evidence to get her phone back.



    "So I call AT&T... and over the course of 12 hours I speak to a bunch of people who are all very sorry that this is the situation I'm in, but their hands are tied — they have to honor the warranty and it does not matter that it's clear the phone is mine. They would need the authorities to tell them to do otherwise," writes the victim.



    Despite the fact that she went to the precinct and had the authorities call Apple to verify her story, Apple stuck to its guns. To Apple, she has no real way of proving that she is still the owner of the phone. Apple has refused to act on her behalf and instead chose to honor the warranty agreement.





    All because Apple's name is in the story this is "APPLE" news??



    I dislike hearing anyone having personal items stolen, though I must say Apple has nothing to do with this.



    Correct me if I'm wrong, but didn't Steve say that the find my iPhone feature was for this sort of thing? If the victim has or had Mobile Me then they would have been able to use the "REMOTE WIPE" feature and also disable the phone by implementing a password and the robber would have no way to reactivate the phone (If their not Tech savvy).



    The victim should buy a refurbished iPhone 3G (which is extremely cheap) and wait until June for the refresh.



    I see this story as the consequence for not having Mobile Me. Its features all well worth the Annual Fee, which equates to less then $1 per day.



    ..........



    I could see an email with Steve responding as such:



    " What can I do?.. Mobile Me would have saved your data and information, from there you can remote wipe. Buy a new iPhone 3G or 3GS, learn from your unfortunate situation, and move on. Not that big of a deal."



    Steve

  • Reply 122 of 189
    Quote:
    Originally Posted by isaidso View Post


    That's hilarious, given that you could buy about 4 new iPhones for the price of 1 hr with the lawyer.



    Not when the lawyer is a family member...
  • Reply 123 of 189
    A)I have a police report





    B) apple never said "not with out a police report".. in fact they never asked for one. I told them there is a report and the answer I got was: We believe you and we're sorry that you were robbed but we don't really care.





    C) I dont blame Apple for not giving me back the phone, I get that they have policies..but I don't think its unreasonable to change the policies considering the situation. I'm sure plenty of stolen iPhones have made their way through Apple at one point or another. It really cant be that difficult to flag a serial number that has been proven stolen (via whatever the deem to be valid proof) And set up some sort of procedure to deal with this, especially since neither Apple or AT&T offers insurance.
  • Reply 124 of 189
    chris_cachris_ca Posts: 2,543member
    Quote:
    Originally Posted by rmm221 View Post


    Why didn't the original owner at this point just file a police report and give it to apple? Then apple would be legally obligated to oblige right?



    It would be up to the police to contact Apple, not the owner.

    Apple would turn it over to police, not the person who reported it stolen. Then the police would review everything and turn it over to the owner.
  • Reply 125 of 189
    chris_cachris_ca Posts: 2,543member
    Quote:
    Originally Posted by Alisax View Post


    especially since neither Apple or AT&T offers insurance.



    Do you have home owner's/renters insurance?
  • Reply 126 of 189
    gxcadgxcad Posts: 120member
    I didn't read through 4 pages of this discussion, but I think Apple is right on with this decision based on what I read in the original post by (Kasper?). What if, for example, you bought the iPhone on eBay from a dishonest seller, whom now that they received feedback, wanted to claim it was still theirs?



    Then again maybe Apple should be able to determine it really IS still her phone based on the SIM card being in the phone? But then, what if the seller purposely left the SIM in the phone when they sold it....



    I think Apple did the correct action overall, but I cannot fully defend my argument.



    Ken
  • Reply 127 of 189
    quadra 610quadra 610 Posts: 6,744member
    Quote:
    Originally Posted by Alisax View Post


    A)I have a police report





    B) apple never said "not with out a police report".. in fact they never asked for one. I told them there is a report and the answer I got was: We believe you and we're sorry that you were robbed but we don't really care.





    C) I dont blame Apple for not giving me back the phone, I get that they have policies..but I don't think its unreasonable to change the policies considering the situation. I'm sure plenty of stolen iPhones have made their way through Apple at one point or another. It really cant be that difficult to flag a serial number that has been proven stolen (via whatever the deem to be valid proof) And set up some sort of procedure to deal with this, especially since neither Apple or AT&T offers insurance.



    Whoever you are, you're being rather dense. And if you registered just to play games because this non-news item was posted, you're also a troll.



    The story:



    Several weeks later the victim received an email from AT&T notifying her that someone had filed a request for to replace her broken phone through Apple Care. Her email was linked to the serial number of the phone so she received all messages regarding service and warranty work. After hours spent on the phone with Apple and AT&T she was notified since a police report was never filed she doesn't have sufficient evidence to get her phone back.



    Duh!!



    Apparently, the individual was notified about the necessity of a police report. AT&T at the very least, mentioned it. That's you're first friggin clue.



    "So I call AT&T... and over the course of 12 hours I speak to a bunch of people who are all very sorry that this is the situation I'm in, but their hands are tied — they have to honor the warranty and it does not matter that it's clear the phone is mine. They would need the authorities to tell them to do otherwise," writes the victim.



    See above.



    They would need the authorities to tell them to do otherwise . . . uh, yeah, probably with a police report that was apparently never filed! I don't think "Officer Joe" calling Apple and AT&T would cut it, LOL. At least, I certainly hope not! What a friggin joke, LOL.



    Despite the fact that she went to the precinct and had the authorities call Apple to verify her story, Apple stuck to its guns. To Apple, she has no real way of proving that she is still the owner of the phone. So Apple has refused to act on her behalf and instead chose to honor the warranty agreement.



    Again, the indivudal was told to file a POLICE REPORT. This is normal. Even after they went to the precinct, one STILL wasn't filed? WTF?? Are the cops as dumb as the "victim"?? What is the big deal here? Everyone files police reports when their property is stolen, etc. Why go to such great lengths to AVOID doing what you were told to do? Unless you specifically, for some undisclosed (and potentially very interesting) reason DO NOT WANT to file a police report. Hmmm . . .



    Now please get off the forums. The time you spent posting nonsense could have been better spent filling out a few simple forms. Otherwise, troll somewhere else.



    Quote:
    Originally Posted by Alisax View Post


    A)I have a police report




    You sure about that??



    Because from what the article states, you didn't have one. If you have one, then USE IT, and stop wasting everyone's time.





    Quote:
    Originally Posted by Alisax View Post


    A)I have a police report





    B) apple never said "not with out a police report".. in fact they never asked for one. I told them there is a report and the answer I got was: We believe you and we're sorry that you were robbed but we don't really care.



    So you have one, but Apple never asked for one OR refused to accept it, yet AT&T did ask for one and was prepared to accept it? Do you honestly expect us to believe that a) the AI article got the facts wrong, or b) that Apple refused your police report, even though AT&T asked for one??



  • Reply 128 of 189
    mobilememobileme Posts: 288member
    [QUOTE=Alisax;1542572]A)I have a police report





    Quote:

    B) apple never said "not with out a police report".. in fact they never asked for one. I told them there is a report and the answer I got was: We believe you and we're sorry that you were robbed but we don't really care.



    I think thats the sentiment of the forum as well. Right?





    Quote:

    C) I dont blame Apple for not giving me back the phone, I get that they have policies..but I don't think its unreasonable to change the policies considering the situation. I'm sure plenty of stolen iPhones have made their way through Apple at one point or another. It really cant be that difficult to flag a serial number that has been proven stolen (via whatever the deem to be valid proof) And set up some sort of procedure to deal with this, especially since neither Apple or AT&T offers insurance.



    Unfortunately Stolen items fall under (Accidental damage).



    http://www.apple.com/legal/terms/iph...fwarranty.html



    Don't you think it would have been simple to buy a iPhone 3G or Refurbished 3GS? The aforementioned sells for $49 (refurbished) in some locations. Also buy Mobile Me to avoid future instances like this.



    I'm shocked this story has nearly 130 (and counting) comments.
  • Reply 129 of 189
    mobilememobileme Posts: 288member
    Quote:
    Originally Posted by Quadra 610 View Post


    Whoever you are, you're being rather dense. And if you registered just to play games because this non-news item was posted, you're also a troll.



    The story:



    Several weeks later the victim received an email from AT&T notifying her that someone had filed a request for to replace her broken phone through Apple Care. Her email was linked to the serial number of the phone so she received all messages regarding service and warranty work. After hours spent on the phone with Apple and AT&T she was notified since a police report was never filed she doesn't have sufficient evidence to get her phone back.



    Duh!!



    Apparently, the individual was notified about the necessity of a police report. AT&T at the very least, mentioned it. That's you're first friggin clue.



    "So I call AT&T... and over the course of 12 hours I speak to a bunch of people who are all very sorry that this is the situation I'm in, but their hands are tied — they have to honor the warranty and it does not matter that it's clear the phone is mine. They would need the authorities to tell them to do otherwise," writes the victim.



    See above.



    They would need the authorities to tell them to do otherwise . . . uh, yeah, probably with a police report that was apparently never filed! I don't think "Officer Joe" calling Apple and AT&T would cut it, LOL. At least, I certainly hope not! What a friggin joke.



    Despite the fact that she went to the precinct and had the authorities call Apple to verify her story, Apple stuck to its guns. To Apple, she has no real way of proving that she is still the owner of the phone. So Apple has refused to act on her behalf and instead chose to honor the warranty agreement.



    Again, the indivudal was told to file a POLICE REPORT. This is normal. Even after they went to the precinct, one STILL wasn't filed? WTF?? Are the cops as dumb as the "victim"?? What is the big deal here? Everyone files police reports when their property is stolen, etc. Why go to such great lengths to AVOID doing what you were told to do? Unless you specifically, for some undisclosed (and potentially very interesting) reason DO NOT WANT to file a police report. Hmmm . . .



    Now please get off the forums. The time you spent posting nonsense could have been better spent filling out a few simple forms. Otherwise, troll somewhere else.



    Good call Quadra, I was thinking the same thing when I noticed the user registration date and the the response to the "You could have bought 4 iphones, with just 1hrs worth of an attorney's time" Their response was " Not if your lawyer is a "FAMILY MEMBER" ".



    I was suspecting a Troll but wanted to give them the benefit of the doubt.



    Appleinsider looks bad for even publishing this story. At least MacRumors has stories worth reading (even though I'm not subscribed to comment)
  • Reply 130 of 189
    quadra 610quadra 610 Posts: 6,744member
    Quote:
    Originally Posted by MobileMe View Post


    Good call Quadra, I was thinking the same thing when I noticed the user registration date and the the response to the "You could have bought 4 iphones, with just 1hrs worth of an attorney's time" Their response was " Not if your lawyer is a "FAMILY MEMBER" ".



    I was suspecting a Troll but wanted to give them the benefit of the doubt.



    Appleinsider looks bad for even publishing this story. At least MacRumors has stories worth reading (even though I'm not subscribed to comment)



    Someone here is lying. And they wanted to test just how far they could lie before it came to filling out (and filing) any real paperwork, which if false, could get them into a lot of trouble. This person apparently isn't as dumb as they seem. Where they erred is that they thought they could accomplish what they set out to do without any supporting documents filed.
  • Reply 131 of 189
    mobilememobileme Posts: 288member
    Quote:
    Originally Posted by Quadra 610 View Post


    Someone here is lying. And they wanted to test just how far they could lie before it came to filling out (and filing) any real paperwork, which if false, could get them into a lot of trouble. This person apparently isn't as dumb as they seem. Where they erred is that they thought they could accomplish what they set out to do without any supporting documents filed.



    Exactly, if was that important to them, why waste time on this forum speaking to us? How can we help their cause? especially since the "FAMILY LAWYAR" is taking care of this.



    I now further believe they're just a Troll who has sadly got our Attention.





    .......



    APPLEINSIDER PLEASE UPLOAD SOME INTERESTING STORIES THAT INSPIRE MUCH DEBATE AMONGST THE MEMBERS. I DISLIKE COMPARING SITES, BUT THE GUY WHO RUNS MACRUMORS "ARN", IS TURNING OUT SOME INTERESTING AND DEBATE WORTHY ARTICLES. DON'T YOU RUMOR PEOPLE FLOW IN THE SAME CIRCLE? Their last article "What is the role of the tablet?" generated some 546 comments in two days ....



    This is just some constructive feedback AI, not to tear down.
  • Reply 132 of 189
    Too bad this person has never had to file a police report in NYC otherwise (s)he wouldn't have bothered to slam the victim...police will adamantly deny any responsibility in NYC, live and learn! I had my camera equipment stolen out of a protected vehicle, spent more than an hour talking to the precinct going over every detail, even got a file number. All I needed to do was come to the police station and pick up my copy...except that they denied I ever spoke to anyone on the phone, claimed the number I had received from the sergeant was invalid and summoned me out of the office for wasting their time. My claim: $4,000, a little bit more than an iPhone. In other words, if you plan to get your iPhone stolen in NYC, Apple won't be your best friend. Live and learn.



    Quote:
    Originally Posted by Rot'nApple View Post


    Too bad she never watched The People's Court, otherwise her actions might have been more prudent...



    Moral of the story, IF your property is stolen file a police report so you have documentation for the courts. If it's not that important to do in the present, then it's not important in the future!



    Live and learn, lady.



  • Reply 133 of 189
    quadra 610quadra 610 Posts: 6,744member
    Quote:
    Originally Posted by carlv888 View Post


    Too bad this person has never had to file a police report in NYC otherwise (s)he wouldn't have bothered to slam the victim...police will adamantly deny any responsibility in NYC, live and learn! I had my camera equipment stolen out of a protected vehicle, spent more than an hour talking to the precinct going over every detail, even got a file number. All I needed to do was come to the police station and pick up my copy...except that they denied I ever spoke to anyone on the phone, claimed the number I had received from the sergeant was invalid and summoned me out of the office for wasting their time. My claim: $4,000, a little bit more than an iPhone. In other words, if you plan to get your iPhone stolen in NYC, Apple won't be your best friend. Live and learn.



    Uhh . . right.
  • Reply 134 of 189
    hill60hill60 Posts: 6,992member
    Possession is nine-tenths of the law.



    Prov. If you actually possess something, you have a stronger legal claim to owning it than someone who merely says it belongs to him or her. Dana may say he owns this house, but we actually live in it, and possession is nine-tenths of the law.

    See also: law, possession



    McGraw-Hill Dictionary of American Idioms and Phrasal Verbs. © 2002 by The McGraw-Hill Companies, Inc.





    Possession is nine-tenths of the law.



    something that you say which means that if you have something, it is difficult for other people to take it away from you It would be hard to ask for the piano back after they've had it for so long. Possession is nine-tenths of the law and all that.

    See also: law, possession



    Cambridge Idioms Dictionary, 2nd ed. Copyright © Cambridge University Press 2006. Reproduced with permission.



    Source



    It is not up to Apple to prove ownership, they are not a court it is up to the person DISPUTING the ownership of the device by enlisting the support of the legal system i.e. the police.
  • Reply 135 of 189
    mobilememobileme Posts: 288member
    Quote:
    Originally Posted by carlv888 View Post


    Too bad this person has never had to file a police report in NYC otherwise (s)he wouldn't have bothered to slam the victim...police will adamantly deny any responsibility in NYC, live and learn! I had my camera equipment stolen out of a protected vehicle, spent more than an hour talking to the precinct going over every detail, even got a file number. All I needed to do was come to the police station and pick up my copy...except that they denied I ever spoke to anyone on the phone, claimed the number I had received from the sergeant was invalid and summoned me out of the office for wasting their time. My claim: $4,000, a little bit more than an iPhone. In other words, if you plan to get your iPhone stolen in NYC, Apple won't be your best friend. Live and learn.



    Randomness at its best



    Welcome to AI BTW
  • Reply 136 of 189
    jfanningjfanning Posts: 3,390member
    Quote:
    Originally Posted by rbonner View Post


    Here is what get's me thinking, you have not asked a question. You accuse him of being a fanboy, and then find some mystery fault with his response, as if it was his responsibility to provide you with global customer service stats. He answered your question in a reasonable way, and if you need any further evidence, google is there for you.



    Hmm, seems to be a lot of people answering for someone else, they made the statement, maybe they should be the ones to defend it... Well unless you are a little protective of a multi-billion dollar corporation that doesn't really care one bit about you other than getting money off you, just like any other company.



    They made a statement with full knowledge that people knew he wasn't US based, so what is the point of providing US based information since they knew, and I know that those stats don't mean anything to either of us
  • Reply 137 of 189
    Quote:
    Originally Posted by jfanning View Post


    Maybe I am wrong, but since I went through passport control when leaving the US and entering Canada, I just assumed Canada wasn't part of the US.



    If you look at the response to your "says who apple number one fanboy" response, he noted that according to U.S. survey's, Apple is number one in customer service. This isn't rocket science. Are they number one in the world? Considering this story is based in the U.S. ("I got robbed on the subway in Brooklyn about 2 weeks ago"), all of that is a moot point. Commonly referred to as "a rat hole". Not ONLY does Apple provide excellent, first-rate customer service, they let you walk into their stores and talk to real people. This story is about a "grey area". Retrieving stolen merchandise is NOT the responsibility of the retail outlet that services your contracts. If the story was that Apple refused to coorperate with a police investigation... I'd be highly upset with Apple. For the story to be about a request for Apple to TAKE ACTION in somehow retrieving personal property... this seems way over the line. I think the BEST Apple could or should do... is hold onto the iPhone indefinitely until it is presented with a police report it can call back and verify with the station. If the person submitting the iPhone to Apple wonders what happened, Apple can give them the police report, and tell them the device was reclaimed by the person on the warranty. --Otherwise, I think Apple could face administrative issues if fraud is taking place on the part of the original owner.



    ~ CB
  • Reply 138 of 189
    jfanningjfanning Posts: 3,390member
    Quote:
    Originally Posted by rtdunham View Post


    I didn't understand your original post and don't understand this one. You seem to have a chip on your shoulder. Or at a minimum, you're not directly stating what's on your mind.



    Maybe you should read the other posts. It is simple, since that user is living in Canada, why do they post the survey results for Apple service in the US? If you don't understand that, maybe you should go on a trip, outside the US, and try and get an Apple product serviced.
  • Reply 139 of 189
    jfanningjfanning Posts: 3,390member
    Quote:
    Originally Posted by Abster2core View Post


    As they say in court, "Asked and answered." That is, you asked specifically and he answered specifically.



    First point, our service is done in the US and Canada. We have immediate access to all service call centres in for example, Texas and Ontario. Our Genius Bars are unsurpassed by any standards.



    Secondly, what evidence do you have that our service is any different than that of our American cousins?



    Thirdly, What country do you mole in that you have un-refutable evidence of service levels to the contrary?



    Fourthly, yes and no. I would like to hear anything that makes any sense of your meanderings. Guess which one it is.



    So Apple US services the computers for Apple Canada? If so lucky you. I have had Apple computers serviced in two different countries, and know of people getting Apple products serviced in other countries, if the level of service we were provided is the best in the industry, then the industry is in a pretty bad way.



    And what un-refutable evidence do you have that proves that the service levels in Canada are exactly the same as provided in the US?
  • Reply 140 of 189
    hvancehvance Posts: 17member
    Apple should be caned for this behavior. Where is common sense? This person should get a new phone immediately with an apology from Steve Jobs.
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