Quote:
Originally Posted by motorious
Ok, i'm not an expert in American Law...hell I'm not even American. I would like to be enlightened though. Assuming what the op said was true, he purchased all of his Touch Pro 1's. Sprint or HTC (by the way, in Canada, the carrier must ask/pay HTC to provide an update, I looked into this) provided an official update to their ROM. This official update screws up one's original phone functionality. So flashing an official update knowing it will create problems (keep in mind this official update has not been removed from HTC's website) to garner oneself a replacement phone is illegal? I agree it's underhanded and semi-moral, however, if the download has not been removed, I find it hard to believe it would be illegal to flash a crappy official rom, and request a replacement phone due to the negative effects on the phone. How is this fraud (again, keep in mind I am not a legal expert)? How is this perjury (I'm assuming the OP told Sprint he flashed their official ROM, which is true)? There was an example given of replacing sku's/barcodes, or something along those lines. I don't see how that relates. Switching barcodes is quite different from a carrier willingly giving you a replacement when they know the issue.
I must also note, unless the OP has phones in different names, he is obviously a valuable customer to sprint, considering how much he has spent on their products (6 phones, several contracts). My guess as to the reason why the OP has allegedly had success in getting TP2'S (if TP1's were out of stock), is Sprint does not want to lose his business. Just a guess though.
One more note. Again, assuming the OP has the phones/contracts all under his name, Sprint is probably quite aware of how many phones they have replaced for him. IF he gave the same reason for every phone, Sprint is quite likely to know that as well; Everything is noted and logged (and occasionally voice-recorded) with mobile carriers when you contact their service departments. Hence, Sprint is most likely aware of what the OP did, and still replaced the phone, if my understanding (which it may not be) is correct. End of Story.
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If the official updates were causing the issue, (and he actually did flash the ROM updates), then it would not be fraud, as it would be a legitimate complaint. However, the OP left me under the impresssion that he was just stating he was doing the ROM updates, but not actually performing the update. Which would be fraud.
One more thing that bothers me about this is it reminds me of a guy who sees his doctor in hopes of bagging a MMJ card because it "hurts when I do this", (hits self in balls with full force). It seems oddly suspicious to me that the Dr. would give the patient an MMJ card instead of just telling the patient to "Stop doing it then." It seems that if he stopped the behavior causing the pain, (when it is a willful act), wouldn't the first logical action to be stop doing it? In meatspace, I don't think a doctor would give you a MMJ card for "Intractable Pain" because you keep on punching yourself in the balls.