Buying a phone from ebay and seller left while under 24 month plan

[chong67]

A user goes into a Tmobile store to buy a new phone and get a 24 monthly plan.

He in turn sells it on ebay.

About 7 months later, the seller left and owe T-mobile for the rest of the payment plan.

Will your phone get a bad ESN?

 

[jhawkkw]

It is likely that it would get it's IMEI blacklisted for non payment. However with T-Mobile being gsm, it would have less of an impact if the phone were sim unlocked because it could be sold for overseas usage. If it's sim locked, then the phone would be unable to be used on t-mobile and thus cannot be transfered to another carrier.

 

[chong67]

I see.

The reason I ask this is because I never think about it. I have always buy NEW phone from ebay selling by users.

I am sure those sellers in turn sell it for profit while still under contract.

But I dont know why I think differently NOW.

So yesterday I bought a new phone from T-mobile while thinking of this.

Yes, a black listed T-mobile phone that is unlock can use on other carriers beside Tmo.

 

[Petrah]

I'm sure this is not the practice of most sellers who continually sell phones on a regular basis. I would think people who normally do not sell phones on eBay would be more apt to pull something like that, but not your average seller.

 

[chong67]

I did buy a new phone one time, but after I have activate it, it was too late n the corp discovered it was stolen. They ask me for the seller id and I tell them everything. They continue let me use the new phone. This was with Sprint many years ago.

Now I read if you want to unlock your phone, you must buy from Tmo. Thats one of the requirement.

What if the phone died on you? Does HTC or Tmo wants to see the receipt? Do they honor if you buy from a seller?

 

[mogelijk]

I did buy a new phone one time, but after I have activate it, it was too late n the corp discovered it was stolen. They ask me for the seller id and I tell them everything. They continue let me use the new phone. This was with Sprint many years ago.

Now I read if you want to unlock your phone, you must buy from Tmo. Thats one of the requirement.

What if the phone died on you? Does HTC or Tmo wants to see the receipt? Do they honor if you buy from a seller?

As for unlocking a phone, it is the carrier it is locked to that must unlock it. As such, T-Mobile can set the rules it wants. My understanding is, for T-Mobile to unlock a phone, you must have paid for at least two months of T-Mobile service before they will unlock it (or after two months of use). The phone does not have to be purchased directly from T-Mobile, though they may require the phone was at least purchased from a T-Mobile reseller. Personally, I doubt they care where the phone was purchased, they only care that you have an active account (at least two months of service) and that the phone has a good ESN. There are ways to unlock the phone without the carrier, but that is not legal in the US.

As for the warranty (if the phone dies or otherwise needs repairs) for a locked phone, T-Mobile should handle warranty repairs. Though, again, the phone typically would need to have been originally purchased through an authorized T-Mobile reseller, or the warranty must state that the warranty is transferable (if you buy it through eBay or similar). Phones that were never locked typically have their warranties from the manufacturer (such as the Nexus line).

 

[chong67]

Here is their FAQ on SIM unlock:

SIM Unlock your phone | Support

So there will be a way to get it unlock yourself. It just a matter of time. Or someone on ebay can do it. Yes, no need to use Tmo.

Do you know how Tmo handle warranty on prepaid phone? I don't pay extra monthly insurance premium to Tmo. This is of course if the phone just died on its own w/o dropping it in the toilet water.

 

[jhawkkw]

Here is their FAQ on SIM unlock:

SIM Unlock your phone | Support

So there will be a way to get it unlock yourself. It just a matter of time. Or someone on ebay can do it. Yes, no need to use Tmo.

Do you know how Tmo handle warranty on prepaid phone? I don't pay extra monthly insurance premium to Tmo. This is of course if the phone just died on its own w/o dropping it in the toilet water.

The problem is, as of January 15th of 2013, it is now illegal to sim unlock your phone without carrier approval because of a change made to Digital Millennium Copyright Act. While T-Mobile doesn't have to be the one to unlock it, they do have to grant permission for you or someone else to do it. The penalty for getting caught doing so without approval is a $2500 fine and up to 1 year of prison per device from what I've read.

 

[chong67]

The problem is, as of January 15th of 2013, it is now illegal to sim unlock your phone without carrier approval because of a change made to Digital Millennium Copyright Act. While T-Mobile doesn't have to be the one to unlock it, they do have to grant permission for you or someone else to do it. The penalty for getting caught doing so without approval is a $2500 fine and up to 1 year of prison per device from what I've read.

WOW. I didn't know about this.

Is there story of people getting lock up?

 

[jhawkkw]

WOW. I didn't know about this.

Is there story of people getting lock up?

I don't think the average person would get jail time for it. I think that penalty is more reserved for people who make a business out of it.

What really sucks about this law is that it's meant to prevent people from sim unlocking a subsidized phone and bailing on a contract. However due to the restricts that carriers implement, they make it that even if you buy the device at full retail that you need to have service with them for some time period before they'll unlock it.

 

[new optimus]

I don't think the average person would get jail time for it. I think that penalty is more reserved for people who make a business out of it.

What really sucks about this law is that it's meant to prevent people from sim unlocking a subsidized phone and bailing on a contract. However due to the restricts that carriers implement, they make it that even if you buy the device at full retail that you need to have service with them for some time period before they'll unlock it.

I also read congress is addressing this, I am fairly sure if enough people keep on there case about it that will be changed.

 

[jhawkkw]

I also read congress is addressing this, I am fairly sure if enough people keep on there case about it that will be changed.

Indeed. There is a bill drafted in the house that has support of both parties. This bill can't be passed soon enough to fix this mess that was created Imo.