Was sold a used phone... Need some advise.

[Darkshear]

Hey guys! Been lurking for a few weeks now, and I ended up buying an Evo last week! But I have this long drawn out problem now...

When the guy pulled the phone from the back room, I noticed the seal was broken. I thought he had opened the phone, and he did not mention anything about it. I left the store with my new Evo, and noticed some dust and debris on the ear piece... When I called in to activate my voice service, I asked the rep to note on my account that the phone was open box and that I would like a replacement when one is available.

After reading on this site for a while, I learned about the numerous screens and hardware revisions of this phone. I did a ##786# and realized the phone had almost a thousand minutes on it already, and was activated on the 7th of July!

I was very irritated, and to make a long story short, I have called every day and asked if they have gotten any Evo's in so I could come in and get a replacement. 3 stores in my area said "no" for the last 6 days. I called disconnections twice, and customer service 3 times trying to get some kind of commitment to help, and they continue to refer me back to the Sprint corporate store I bought it from.

My 30 days are running out, and the rebate eligibility expires on the 11th. I already ported my number over.

Today, I called a local store and they said they had 4. They refused to hold one, even though I explained my situation. I said I was literally on my way, and 15 minutes later, I arrived to learn there was someone buying all 4 phones. I made it clear I was angry, and left.

A 3rd tier manager in disconnections advised me to order a new phone as an additional line of service from Best Buy, then return my Sprint Store phone. What do you guys think? The phone isn't just used, it's got the "b" spot on the screen, and it's obnoxious. I want a new phone, I paid for a new phone.

In Florida, there are consumer laws that make it fraud to sell a used good as new, regardless of whether or not you notify the customer. The slime ball that sold me the phone knew damn well it was used, and didn't say a word.

My only apprehension is, if I order a new phone from Best Buy or something, what worse situation could I be in? What if I end up with a 0002 with LED bleeding and a grounding problem?

Advise?

 

[ep3n3wp]

Call customer service and ask to speak with retentions supervisor.. Write down the serial number imei number msid or have them available (from box or under battery) and they will be able to look up and see that you were not sold a new phone and request they send you a new phone due to laws and customer rights.. They should take care of you... Also try writing an email to dans desk

 

[Darkshear]

I already have pictures and records of the phone and the fact that it is used. Every time I talk to retentions, I get the same response..."We don't sell used phones, I don't understand how you got that".

They state they are not in a position to send me a replacement. They state that them shipping me a replacement will likely be a refurbished unit, and again refer me to the store I purchased it from.

 

[Thefoodman52]

If worse comes to worse, bring up mention of a law suit.... I'm nearly sure, especially here in Florida where everyone is a sueing Susy, it'll get 'em to set you up straight like should have happened when you bought it.

 

[BKBitar]

Bring them to court, that will solve everything, and you'll get more than a free phone after you win

 

[mitchellvii]

RULE OF THUMB:

When calling Customer Service with a complaint NEVER talk to the frontline person answering the phone. They have NO POWER to make decisions. ALWAYS ask for a Supervisor immediately.

If the Supervisor is unwilling to help, tell them you wish to speak to THE OFFICE OF THE CEO. Yep, the CEO usually has his own Customer Service team that handles the REALLY pissed off people. When you get them, tell them you plan on telling everyone you know how bad your experience has been with Sprint and I promise you, you will get action.

One pissed off customer spewing negative goodwill can cost them thousands in advertising dollars and they know it.

** I did this with regards to a lost EVO and not only did they make sure I got a replacement quickly, they overnighted me a brand new phone of equal cost to the EVO to use until my EVO arrived! Now try getting THAT from a typical customer service rep.

 

[cabbie]

id follow mitchellvii's advice. you are getting completely screwed here, im actually pissed off just reading your story. you need to tear someone a new ahole and get a brand spankin new EVO and an apology

 

[mitchellvii]

With regards to dealing with Customer Service. I know you are angry but you need to also get them on your side. Insulting them personally doesn't achieve this. You want to be very friendly with them personally, show them you respect their work and their importance, but make it very clear how unhappy you are with the BIG BAD COMPANY.

Chances are they are unhappy with their company too. If they see you as a sympathetic figure as opposed to an enemy you are far better off. Remember, the point is to get a new phone, but to just get your rocks off by blowing your stack at some powerless customer service drone.

If possible, make them feel sorry for you and like they alone can be your savior - you have nowhere else to turn. If you set up a contrary position with this person, as soon as they get off the phone they are going to say "f*ck him!" and forget all about you. Also, if possible learn something personal about them - also remember their name and call them by it whenever possible. The more you say someone's name when talking to them, the more influence you have over them.

The goal is to win. If getting angry means winning, get angry - if staying cool means winning, stay cool. In this case, get angry but direct your anger at the company not the individual.

** Last point. If you plan on going into the actual store to complain, have the number for Customer Service with you. If the manager gives you an attitude, pull out your phone and tell them you are going to call Corporate to lodge a complaint right now while they stand there. Ask the Manager for the Store #, their name and employee number.

Don't waste your time arguing with the floor person. They have no power and more often than not are idiots.

These managers DO NOT want to hear back from corporate about angry customers. In many cases, the manager will become far more compliant instantaneously.

P.S., You can always use the "If you were me and this was happening to you, what would you do?..." close. Put them in your shoes.

 

[novarider]

I would go to the sprint store and start raising holy hell so that everyone in the store could hear me. Tell them you want to speak to a manager tell him/her you want a NEW phone and don't take no for an answer! Tell them you are going to call the local news agencies and have them run a story how they sold you a used phone as new which is illegal in Florida.

You can get the phone replaced you just need to take control of the situation. I would have done this the same day that I learned that the phone was used.

This has happened before to a lady who bought her phone and it had porn downloaded on it. Her story made it to either yahoo or google website I dont remember which but sprint does NOT want bad publicity like that. Her phone was replaced even tho the store didnt want to replace it at first

 

[pgus13]

I would go to the sprint store and start raising holy hell so that everyone in the store could hear me. Tell them you want to speak to a manager tell him/her you want a NEW phone and don't take no for an answer! Tell them you are going to call the local news agencies and have them run a story how they sold you a used phone as new which is illegal in Florida.

You can get the phone replaced you just need to take control of the situation. I would have done this the same day that I learned that the phone was used.

This has happened before to a lady who bought her phone and it had porn downloaded on it. Her story made it to either yahoo or google website I dont remember which but sprint does NOT want bad publicity like that. Her phone was replaced even tho the store didnt want to replace it at first

I am pretty sure it is illegal in ALL states!!

 

[brownhornet]

You messed up by even taking it if you already knew that it was open from the start.

 

[mitchellvii]

I would go to the sprint store and start raising holy hell so that everyone in the store could hear me. Tell them you want to speak to a manager tell him/her you want a NEW phone and don't take no for an answer! Tell them you are going to call the local news agencies and have them run a story how they sold you a used phone as new which is illegal in Florida.

You can get the phone replaced you just need to take control of the situation. I would have done this the same day that I learned that the phone was used.

This has happened before to a lady who bought her phone and it had porn downloaded on it. Her story made it to either yahoo or google website I dont remember which but sprint does NOT want bad publicity like that. Her phone was replaced even tho the store didnt want to replace it at first

Sorry, but this is HORRIBLE advice. You could be arrested.

In this day and age you need to be VERY careful about what could be construed as "making terrorist threats". Instead of getting a new phone you could end up in jail. There is a law against "menacing" and you can do time even if you didn't touch someone but made them feel threatened. You are also disturbing the peace.

If, god forbid, something bad were to happen at that store in the future, there will be a lot of witnesses that will be ready to say you came in there acting like a nut.

In any negotiation, the one who loses their temper first loses. Be cool but be firm and have a plan.

 

[MsRandall]

As a former manager at Sprint you would only need to contact me...raising hell wouldnt be necessary. If you explained you got a used phone...the next set of evos you would have a reserved new sealed evo waiting on you....I suggest since the Manager doesnt have this way of thinking...you call the District Manager for the store...I can guarantee within the next couple of days you will get your phone new. Good Luck


Simply calling the store and asking for the District Managers info will invoke the what issue are you having response...

 

[ARR22]

Take them to small claims court and notify the local press. Im sure you will get a prompt response.

 

[MalloThaPrince]

Take that Phone back ASAP!!! No reason to pay FULL PRICE for a USED phone!! but I hope the best for you man..Good Luck!!

 

[honeyBfly]

If you are still within your 30 days of purchasing your new device, return it for a full refund. Activate your old phone and go on the hunt for a new one? I'm sure you maybe able to find one or so out there in the wild since most people are buying the new Epic because it's new.

You can always do this too...I had a friend who kept doing a factory reset on his phone (sprint tech support actually sees this action in the data area) and called Sprint Cust. Serv. saying that he was having so many problem with his phone rebooting by itself all of the time that he had to do a factory reset twice in 3 days. He was under the 30days and they transferred him to some department and they eventually sent him a new EVO (phone was out of stock at the time). He had to use the other one while he was waiting of course but they sent him a new phone in about a week.

I hope you get your situation rectified.

 

[surfologist87]

Hey, get to speak to the district manager, or a supervisor, and if after all is said and done you are still not getting your way, threaten to call up the better business bureau and Im pretty sure they will renegotiate. No company wants a phone call from the BBB.

 

[BenChase7]

my GF has a hw2 and its fine. grounding issues were solved via an update a long time ago.

 

[backdown]

Do you know that phone was taken out of the store? Just because it was activated doesn't mean it was used..someone could of changed their mind last minute. Not justifying their decision, just asking..

 

[novarider]

Sorry, but this is HORRIBLE advice. You could be arrested.

In this day and age you need to be VERY careful about what could be construed as "making terrorist threats". Instead of getting a new phone you could end up in jail. There is a law against "menacing" and you can do time even if you didn't touch someone but made them feel threatened. You are also disturbing the peace.

If, god forbid, something bad were to happen at that store in the future, there will be a lot of witnesses that will be ready to say you came in there acting like a nut.

In any negotiation, the one who loses their temper first loses. Be cool but be firm and have a plan.

Where did I make a terrorist threat? I said to call news agencies not bomb the place. People call news agencies when the company won't fix a problem all the time. Why would I be arrested?

I never said to threaten anyone I said to raise hell that he was sold a used phone and was told it was new.

 

[Caloy]

With regards to dealing with Customer Service. I know you are angry but you need to also get them on your side. Insulting them personally doesn't achieve this. You want to be very friendly with them personally, show them you respect their work and their importance, but make it very clear how unhappy you are with the BIG BAD COMPANY.

Chances are they are unhappy with their company too. If they see you as a sympathetic figure as opposed to an enemy you are far better off. Remember, the point is to get a new phone, but to just get your rocks off by blowing your stack at some powerless customer service drone.

If possible, make them feel sorry for you and like they alone can be your savior - you have nowhere else to turn. If you set up a contrary position with this person, as soon as they get off the phone they are going to say "f*ck him!" and forget all about you. Also, if possible learn something personal about them - also remember their name and call them by it whenever possible. The more you say someone's name when talking to them, the more influence you have over them.

The goal is to win. If getting angry means winning, get angry - if staying cool means winning, stay cool. In this case, get angry but direct your anger at the company not the individual.

** Last point. If you plan on going into the actual store to complain, have the number for Customer Service with you. If the manager gives you an attitude, pull out your phone and tell them you are going to call Corporate to lodge a complaint right now while they stand there. Ask the Manager for the Store #, their name and employee number.

Don't waste your time arguing with the floor person. They have no power and more often than not are idiots.

These managers DO NOT want to hear back from corporate about angry customers. In many cases, the manager will become far more compliant instantaneously.

P.S., You can always use the "If you were me and this was happening to you, what would you do?..." close. Put them in your shoes.

I hope you realized that empathy has always been a part of call center training. You don't have to bend backwards to get the treatment you deserve as well as your right as a consumer.

 

[Never!?]

Do you know that phone was taken out of the store? Just because it was activated doesn't mean it was used..someone could of changed their mind last minute. Not justifying their decision, just asking..

It had 1000+ minutes on it as stated in the OP.

 

[jmorse]

Escalate til you get what you want. You were screwed and someone above the people you've been talking to care to hear the issue and will want to fix it for you. District managers don't know they have store issues like this until they hear from people like you with real problems. Sprint wants you happy and they want you as a customer. I promise. You have a very valid issue. Not everyone does.

 

[Darkshear]

Calling my 3 local stores today to see who gets one in this morning, if any. I'll go from there.

I've been in retail all my life, I know raising hell and threats of lawsuits do not help, only make it worse.

My biggest concern is getting the new Evo I paid for, and finding out its a 0002 with a crackling ear piece or some other early known build problem.

The ONE guy that advised me to do something a little more drastic at Sprint said:

"Go buy another Evo at Best Buy, add the line to your account, then return the one you bought at the Sprint Store". I would do that, since it would be nice to get insta-rebate and it would reset the billing cycle, but Best Buy doesn't have the effing phones lol.

 

[SporkLover]

Dark, you really need to talk to the managers so they can make it right.