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-   -   Help!! Re: EBAY purchase possible insurance fraud/scam (http://forum.ppcgeeks.com/showthread.php?t=92303)

632627 10-24-2009 10:39 AM

Help!! Re: EBAY purchase possible insurance fraud/scam
 
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 dont 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!

MadlyAlive 10-24-2009 10:55 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
So the phone is activated on your account?

How do you know it was a part of an insurance scam?

632627 10-24-2009 11:02 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
because I bought it from ebay, and it was sent directly to my address 2 days later from Sprint, but the name on the box wasnt mine, and inside was a packing slip listed to that persons name and phone #

g00s3y 10-24-2009 11:02 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
I had this type of thing happen to me with the LG Voyager, except the package came in my name. I had purchased it off of ebay, had it activated and everything was good. A month later a guy named Bruno from VZW Corporate Security called me to let me know that the phone I had purchased off of ebay was stolen. We talked a little but and came to the conclusion that I would return the phone to the VZW store in my area who he notified. I went there to return it, when i also found out that the phone was a refurb, not brand new as stated by the ebay seller. There they took the phone and sent it back to law enforcement in CA (where the phone was shipped from) and gave me a brand new LG Voyager. Supposedly there was a "stolen cell phone ring" as I was told out there and that I wasn't the first to have it happen that exact same way. If Sprint is nice enough they should do the same for you, you had no knowledge that the phone was stolen.

dimitri 10-24-2009 11:06 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
I would definitely contact Sprint and let them know. You don't want anything coming back on you and I would also contact PayPal. Might even be able to get your money back and get a phone from Sprint for letting them know what is going on.

es101346 10-24-2009 11:17 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by 632627 (Post 1260441)
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 dont 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!

The person could of just bought the phone, and didn't like it, so they sold it. Doesn't necessarily mean it was insurance fraud. If the ESN is clean, its clean. When its reported to Sprint to either being lost or damaged, the ESN is not cleared. So your good to go.

banzaiwolfe 10-24-2009 11:26 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by es101346 (Post 1260552)
The person could of just bought the phone, and didn't like it, so they sold it. Doesn't necessarily mean it was insurance fraud. If the ESN is clean, its clean. When its reported to Sprint to either being lost or damaged, the ESN is not cleared. So your good to go.

If that was the case, it still wouldn't have shipped FROM SPRINT.

dimitri 10-24-2009 11:34 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by banzaiwolfe (Post 1260569)
If that was the case, it still wouldn't have shipped FROM SPRINT.

That's my thought exactly. If it wasn't some sort of scam, why would it be shipped from Sprint and sent to someone else's name. Makes no sense.

Little Abner 10-24-2009 11:44 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Sprint should be able to sort this out for you easily, either through their Fraud or Technical support department. The ESN would have to be attached to someones account if it came from their distribution center. Also Sprint and thier insurance carrier use different distribution centers. More than likely Brightpoint/Sprint, Asurion/Insurance. Good Luck!

em2y0 10-24-2009 11:47 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Call Sprint and tell them about the situation, if they give the ok go ahead and activate it. If they decide a month or two later to shut the phone off and tell you it was stolen, tell them you spoke to a sprint rep and they informed you everything was good to go. Now if they say SOL i would want to speak to someone higher up since you were told everything was ok

So Have you even tried contacting the seller for answers?

ls3mach 10-24-2009 11:50 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Maybe he was selling the phone for a profit. I am a Sprint Premier customer, so I get yearly upgrades, and I bought a Motorola Q last year and sold it for $175. I got the phone for free so it was a great deal for me.

tool2269 10-24-2009 12:44 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by em2y0 (Post 1260616)
Call Sprint and tell them about the situation, if they give the ok go ahead and activate it. If they decide a month or two later to shut the phone off and tell you it was stolen, tell them you spoke to a sprint rep and they informed you everything was good to go. Now if they say SOL i would want to speak to someone higher up since you were told everything was ok

So Have you even tried contacting the seller for answers?


make sure you the the conversation in 'writing'. either via email or have them put onto your file 'notes'

SecretAgentMan 10-24-2009 07:42 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Is the name on the box the seller's name? Maybe the seller has some sort of drop ship arrangement and Sprint just used his name instead of yours. I'd check with Sprint to be sure.

firebrain 10-24-2009 08:01 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by SecretAgentMan (Post 1261662)
Is the name on the box the seller's name? Maybe the seller has some sort of drop ship arrangement and Sprint just used his name instead of yours. I'd check with Sprint to be sure.

Drop ship arrangements such as those from Brightpoint wouldn't have the seller's phone number and account info in or on the box.

This doesn't necessesarily mean that the phone was stolen. If the guy had a upgrade and wanted it to sell it he can tell Sprint to ship it a different address. The phone would still come in the seller's name because the upgrade was performed on his account.

If he claimed insurance (that the phone was stolen/lost, if he claimed damage he would have to return old phone) on his existing TP2 then that phone's ESN would be blocked and he wouldn't be able to use on is account essentially making it worthless to make such a claim.

swoope 10-24-2009 09:02 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
op you might read through this thread..

http://forum.ppcgeeks.com/showthread...ighlight=fraud

beers

rjmjr69 10-24-2009 09:30 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
I wouldnt say a thing

firebrain 10-24-2009 10:19 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by rjmjr69 (Post 1262021)
I wouldnt say a thing

I concur. If it works and Sprint says ESN is clear leave it be

sd4shizy 10-24-2009 10:55 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by 632627 (Post 1260441)
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!

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

dimitri 10-24-2009 11:19 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
And always know that there is a charge of "Recieving Stolen Property". I would make sure that you have covered every avenue available to you.

chong67 10-24-2009 11:23 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
I had the same problem as you. Check my other thread that I had posted.

But I didnt resell my phone. I am using the phone now.

dimitri 10-24-2009 11:26 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Well I also just found another thread about someone buying a TP 2 online and after two months of using it, Sprint locked their phone down.

http://forum.ppcgeeks.com/showthread.php?t=92344

You should read the thread.

chong67 10-24-2009 11:35 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Man, I am sick to my stomach. I hope it doesnt happen to me!

dimitri 10-24-2009 11:57 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by chong67 (Post 1262352)
Man, I am sick to my stomach. I hope it doesnt happen to me!

That is why I am saying that you need to be proactive about it. If you wait to long, you might have trouble having PayPal do an investigation and you don't want to be caught off guard with Sprint shutting your phone off.

632627 10-25-2009 12:02 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
thanks for all the responses guys.... i have contacted the seller and he swears its not fraud and offered me a refund if i shipped the phone back. the only problem is i have no other phone(and i really like the tp2 also)

i think i am going to call sprint anonymously and tell them the situation first without giving them my account info.

if i do end up keeping the phone, for how long will paypal offer me buyers protection? say 6 months down the road the phone is bricked by sprint, can i still be covered by paypal?

i know this might sound bad, but i got the phone at a pretty good price and i dont want to give it up

WarChild 10-25-2009 12:05 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
did you ever talk with Sprint? All you have to do is talk with them, help them out and then if you used Paypal you will be ok. But all in all I think they will work with you here you just need to talk with Sprint instead of listening to all the lawyers on here that don't know your whole story.

sd4shizy 10-25-2009 12:05 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by 632627 (Post 1262406)
thanks for all the responses guys.... i have contacted the seller and he swears its not fraud and offered me a refund if i shipped the phone back. the only problem is i have no other phone(and i really like the tp2 also)

i think i am going to call sprint anonymously and tell them the situation first without giving them my account info.

if i do end up keeping the phone, for how long will paypal offer me buyers protection? say 6 months down the road the phone is bricked by sprint, can i still be covered by paypal?

i know this might sound bad, but i got the phone at a pretty good price and i dont want to give it up

how much did u cop it 4. and i didnt get a thank you 4 my nice long helpful post, lol

WarChild 10-25-2009 12:19 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by sd4shizy (Post 1262410)
how much did u cop it 4. and i didnt get a thank you 4 my nice long helpful post, lol

nope.

632627 10-25-2009 12:21 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
after microsoft bing cashback i got it for 400 shipped, and considering i sold 2 other phones for 250 it was only 150 out of my pocket

WarChild 10-25-2009 12:23 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by 632627 (Post 1262435)
after microsoft bing cashback i got it for 400 shipped, and considering i sold 2 other phones for 250 it was only 150 out of my pocket

thats cool any bit helps these days.

swoope 10-25-2009 12:47 AM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by sd4shizy (Post 1262410)
how much did u cop it 4. and i didnt get a thank you 4 my nice long helpful post, lol

post had little to do with thread..

beers

kkagawa 10-25-2009 04:37 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by 632627 (Post 1262406)
if i do end up keeping the phone, for how long will paypal offer me buyers protection? say 6 months down the road the phone is bricked by sprint, can i still be covered by paypal?

45 days for Paypal protection.

BeanAnimal 10-25-2009 08:28 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by dimitri (Post 1262313)
And always know that there is a charge of "Recieving Stolen Property". I would make sure that you have covered every avenue available to you.

Get a clue. To be charged with recieving stolen property, you have to be aware that the property was stolen at the time of the transaction. Purchase of a phone via Ebay from a person who you have never met and paying via PayPal is certainly not grounds for being charged with a crime, no matter how stolen the property is.

I am amazed at how much bad information is passed along via these forums.

WarChild 10-25-2009 08:30 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by BeanAnimal (Post 1264330)
Get a clue. To be charged with recieving stolen property, you have to be aware that the property was stolen at the time of the transaction. Purchase of a phone via Ebay from a person who you have never met and paying via PayPal is certainly not grounds for being charged with a crime, no matter how stolen the property is.

I am amazed at how much bad information is passed along via these forums.

Like I said before we have a lot of lawyers around here...lol

BeanAnimal 10-25-2009 08:32 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by sd4shizy (Post 1262410)
how much did u cop it 4. and i didnt get a thank you 4 my nice long helpful post, lol

I am not sure your post made much sense...

BeanAnimal 10-25-2009 08:33 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Wheeler... Thank you for your service.

WarChild 10-25-2009 08:38 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by BeanAnimal (Post 1264346)
Wheeler... Thank you for your service.

thank you!

dimitri 10-25-2009 10:01 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by BeanAnimal (Post 1264330)
Get a clue. To be charged with recieving stolen property, you have to be aware that the property was stolen at the time of the transaction. Purchase of a phone via Ebay from a person who you have never met and paying via PayPal is certainly not grounds for being charged with a crime, no matter how stolen the property is.

I am amazed at how much bad information is passed along via these forums.

Sorry to tell you but no you don't have to have knowledge that it was stolen for you to be charged with Recieving stolen property. I have seen it first hand.

WarChild 10-25-2009 10:14 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by dimitri (Post 1264598)
Sorry to tell you but no you don't have to have knowledge that it was stolen for you to be charged with Recieving stolen property. I have seen it first hand.

well here is FL it is illegal to be in possession of stolen property, only law enforcement officers and pawn brokers are legally able to handle stolen property but alot of it has to do with knowledge. but that's just my lawyer knowledge...lol

dimitri 10-25-2009 10:31 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by ClevelandWheeler (Post 1264642)
well here is FL it is illegal to be in possession of stolen property, only law enforcement officers and pawn brokers are legally able to handle stolen property but alot of it has to do with knowledge. but that's just my lawyer knowledge...lol

No matter what the law states from state to state, if it were me in the OP's situation; I would still contact Sprint to cover myself.

WarChild 10-25-2009 10:35 PM

Re: Help!! Re: EBAY purchase possible insurance fraud/scam
 
Quote:

Originally Posted by dimitri (Post 1264689)
No matter what the law states from state to state, if it were me in the OP's situation; I would still contact Sprint to cover myself.

very correct


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