Beware of buying from Gazelle! Phones sold by Gazelle can still be blacklisted!

bryanus

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Apr 11, 2012
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tl;dr Phones sold by Gazelle are not guaranteed against clean IMEI/ESNs.

I purchased two iphone 5's from Gazelle last December 2013, for a Christmas gift for my mother-in-law and one for my wife.

A few days ago, my mother-in-law contacted me to tell me the phone was no longer receiving service.

After trying everything I could find about fixing it, I finally contacted T-Mobile, and discovered that the phone's IMEI has just been blocked due to non-payment by the original owner(!)

Just to clarify, this phone has been in daily use since Xmas Day 2013 (~11 mos)!

The T-Mobile rep told me that the original owner had been making payments all this time, but recently closed their account, and were sent a final bill. The bill was 10 days past due and at that time T-Mobile automatically blacklists the IMEI.

I bought these phones specifically from gazelle and paid more for them as a result, as I believed they were essentially guaranteed against this sort of thing.

I even contacted them before my purchase asking them if their phones were checked:

"Thank you for your interest! We do test all items to confirm availability for activation by you upon receipt. Unless otherwise noted in the listing, this item has been tested and is clear."

It turns out, this doesn't mean the device will remain that way after you receive it. An important fact that they continue to omit in their eBay listings.

I contacted their support yesterday and was told that the unit is outside of their 30-day return window and they can not help me further.

As far as I'm concerned, they didn't actually sell me anything. They sold a device that still had a lien against it, and now that it is blacklisted, I basically paid $400+ to rent it for the past 11 months. Technically, this iPhone is still the property of T-Mobile...

I've since opened a complaint with the BBB and am hopeful they will come to a resolution on this issue.

Moral of the story is: Don't think that just because you're buying from a bigger operation, that your phone is free and clear and ownership has been legally transferred to YOU.

As a matter of fact, you can even read Swappa's TOS and you will find a very loose policy on blacklisted IMEI/ESN's. They basically say you're only recourse is PayPal's 45-day dispute window.

Buying from these sites is really not any different than craigslist or a random seller on eBay.

The only way to really guarantee your device is free and clear forever is to buy a new one.
 

sting7k

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Jun 10, 2010
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How did you pay for the phones? If by credit card you should contact your card issuer and see if they can reverse the charges.

Does Gazelle have anything in their fine print about blacklisted phones?
 

bryanus

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The phones were bought by credit card through PayPal. Unfortunately, there is only a 45-day window to dispute a charge with PayPal, which had long since passed.

In any case, Gazelle responded to a post my wife made to their Facebook page a few days ago. That got me in touch with one of their senior customer service executives. They then replied to my BBB complaint and offered me an exchange unit.

I received the exchange yesterday and my issue is now resolved to my relief and satisfaction. I am happy to say that Gazelle came through and made things right for me in the end. They also told me they are working with carriers on new ways to determine if devices are still under contract and/or still financed, to avoid issues like mine down the road.

Be careful out there!
 

colyn1353

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Sep 28, 2014
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The only way to really guarantee your device is free and clear forever is to buy a new one.

Not really.....

Only buy in person and only if they are willing to go to the carriers outlet store to check to see if it is free and clear... Once the carrier declares the phone sellable, you are good to go..and get a statement from them..

Many people will have money issues and will sell even if it is under contract then you get screwed once they don't make the payment. By then they are long gone..

I would never buy from eBay or other online retailer and only from local sellers and only if they agree to the above..
 

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