Illegal to sell faulty iPhones?
Someone I know recently purchased a phone from a guy online through a Craigslist type page for $200. The phone wouldn't activate. US Cellular told him that they frequently get "Frankenstein" phones purchased from him, which are basically phones being made from spare parts. Less than half activate and these people lose their money. My friend tried to get his money back after only having the phone for about 12 hours but the guy is insisting on a civil lawsuit. He advertised the phone with no issues and insists that it hasn't been tampered with but the screws on the bottom are missing and US Cellular said it has. What are his options? Has the seller broken any laws? Do you think my friend has a case in small claims court?
You could sue this guy but it will cost you more than you paid for the phone. Then if you did win you would probably never collect anyway. Instead learn a lesson here and buy your electronics from reputable vendors. Sure, you'll pay more but look how much money you saved here.
He is banking that people won't spend more on lawyer for civil suit then amount ripped off.
If he's running a personal business your friend might have a chance but if this was a personal classified sale then your friend has no grounds in court.
Your friend might try reporting things to the police on their non-emergency line. They may or may not find it worthwhile to pursue as fraud.
Otherwise your friend can try to take him to small claims court. This guy may be betting the average person won't bother. But… It's going to be in his own interests to settle immediately and not have to testify in court… Where he may well even incriminate himself.
Anyway, a lot depends on the actual listing, and if he guaranteed the phones would activate, etc. Otherwise, it sounds like he technically sold what was listed, and used items generally are "as is." That's part of why it's a super bad idea to buy used electronics from sites like Craigslist. It's still not even wise on sites like eBay, but at least there, people have feedback you can check, and eBay has the ability to refund money.
Sure, your friend has a case. And it may even be a criminal matter for the police. I just don't know if it's worth your friend's time to sue the guy. Sure, he may want to settle as soon as a case is filed… But he may also take his chances and say it was a used item and wasn't misrepresented, so tough luck. US Cellular putting something in writing that says what this guy claims isn't true would be super helpful.
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