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Originally Posted by 632627
Hey guys, im new here, so any help and advice would be much appreciated.
2 weeks ago i bought a brand new touch pro2 from ebay from an ebay power seller with over 99% feedback. The phone arrives 2 days later directly from sprint, however it is adressed to a different name. I find it odd but call up sprint and have the phone activated. From some of the posts here and on sprintusers.com, i come to realize this phone was sent to me as part of an insurance scam.
Here is my dilemma.... I have already sold my old phone, and the only other phone I would be interested in is a samsung intrepid but i cant find one on ebay. I like the tp2 alot and got it for a pretty good price. My main concern is that 2 or 3 months down the line Sprint might brick my phone and im SOL. I asked a friend who used to work for sprint, and she said that once the phone is activated on my account, they cant block the esn #.... which for some reason i find hard to believe.
Should I just keep the phone and take my chances and if anything bad happens file a dispute with paypal? or should i call up sprint and report the incident and hope they let me keep the phone? one thing I don't want to do is just send the phone back to the seller and keep my fingers crossed that he issues a full refund.
thanks for your time guys!
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Bro,
Know that this thread can be used against u as evidence that you had actual knowledge (given the facts, there is probably enough to constitute constructive notice as well) and were on notice of the fraud or potential thereof - don't presume that you are immune from such correspondence to be used against you (although highly unlikely).
What you should do is not only call Sprint but ask to speak to a Supe and MAKE SURE that ur convo is noted. Further, make sure that it states that you called inquiring about the issue and states the issue in fair detail. That may satisfy the requirement that you made a good faith effort to resolve the issue.
Also, note that a thief can never pass good title nor can title be passed even from a bona fP unless it was bought from a merchant that specialized in such goods in exchange for valuable consideration (money) which I presume you gave through PP. The seller qualifies as such so you're in the green.
The person whose account was potentially computerized would not be responsible; the seller would have to go to whoever he "bought it from" and receive a refund therefrom.
Anyway. I hope this helped. I have a Evidence Exam to study for and look what I'm doing...So sad.
PEACE