Can I sue for fraud? Or anything?

So the other day my dad bought an iPhone 4s from a local cell phone shop. He went back about a week later to get it connected and he got it connected on Oct. 9. However yesterday Oct. 19 I was messing with the settings and I could not figure out how to turn on Siri because the first I phone he had sold him had Siri. It was then that I realised that it only had 8gb of memory and it was running iOS 7 and that it could not update to iOS 8. So the guy at the cell phone shop switched the front of the screen to make it look like a 4s but it was really a 4. I plan to confront him and ask for my dads money back or threaten to sue him. I also plan to record any confession he makes can I do this?

Wow, so hostile. First, you don't know if he changed it or someone else did. Second, the memory is what people choose to buy and is not affected by the model number.

Unless you can prove he intended to deceive, you have no fraud claim.

Second, YOU don't have a claim, you didn't buy the phone. It is up to your dad to do something. He should take the phone back to the store, let them know it's a 4 and not a 4s (the person who sold it to the store might have lied rather than the store), and ask for a refund or a trade to what he planned to buy.

YOu sure are approaching this in a hostile way when they could have been taken just as much as your dad was. As for recording him, not in most states, it's illegal.

Tell your dad the problem, let him go get a refund or trade for the proper phone. You stay out of it because you will escalate things with your hostility and it's less likely they will do a refund.

It's also possible the phone was sold as is with no warranties or guarantees or anything. In that case, your dad won't' get anything back. '

Even if you sued, the price difference on an 8 mb 4 and 4s is pretty trivial and not even worth your time in court. You would have to prove they said Siri was on the phone and that it was a key factor in the buying decision.

Your DAD needs to go to the police, immediately.
This is illegal, but the crime was committed against your Dad - not you.

Did he pay with a credit card? If so, he can call the credit card company immediately and open a case to get his money back. Otherwise, he can sue the guy in court to get his money back.

Don't you go there and mess with this guy - just tell Dad he needs to go tell the police. You don't want to do anything to tip this guy off, or do anything that will make you look like you are at fault. Right now, he is the only one who has committed a crime. Keep it that way, and let the cops investigate.

If he committed a fraud (which he sounds like he did based upon those facts) - yes. You can also report him to Apple - they would consider that trademark infringement and possibly selling counterfeit goods.

Recording: where are you located? In the US, it depends upon the state.

UPDATE: Based upon your comment above. No receipt? That will be tough on you right there. The receipt should have had the model number, memory, something - but at a minimum it would prove he sold it. So that hurts. Second - used? Again, that was never said in your question. Unless you can proved that he sold it as a specific model with a specific memory, hard to prove chain-of-custody. Of course, I can't imagine a cell phone owner buying a phone without checking it out. But if he made no representations about it - you have almost no case. Sorry.

Here is a quick reference to state laws (note - actually the majority allows it, 31 states plus DC). But you may want to look at your specific state to be sure (this is just a detective service website, not the laws of your state): http://www.detectiveservices.com/2012/02/27/state-by-state-recording-laws/

It sounds like you are making alot of assumptions. Talk to your dad.