Just received my Photon 4G!

[ronald600]

I am still around. Motorola did call me and threaten to put me in jail if I didn't send it back. They also told me that they couldn't give me a free photon since I unlawfully bought the other photon. I still have the phone, but ill be sending it back tomorrow. I'm still posting over on AF and answering questions. Chime in if you'd like!

Sent From The 2nd SHOOTER On The Grassy Knoll!

So what happens to the Employee who sold you the phone?
Is he going to give you your money back?
If Motorola knew enough to call you, then Motorola and Sprint knew enough to not activate it
If you have to return the phone you should get another one or your money back.
If you dont get your money back then charge the original seller with FRAUD
You should not take a hit on this

 

[Citizen Coyote]

So what happens to the Employee who sold you the phone?
Is he going to give you your money back?
If Motorola knew enough to call you, then Motorola and Sprint knew enough to not activate it
If you have to return the phone you should get another one or your money back.
If you dont get your money back then charge the original seller with FRAUD
You should not take a hit on this

From what Shawheim has said in other forums, Moto offered to contact PayPal and help get him his money back as it was technically a fraudulent sale. I don't know how that has played out yet, though.

As for the original seller, there's no way of knowing if he was a Moto employee or what. That might be one reason they want the phone back, as I'm sure they can trace it based on serial number or something.

 

[RBrown9180]

I'm no Johnnie Cochran now, but legally, i dont think Motorola can do anything about shawheim having the phone. I would ask around if I were him. There are plenty of legal forums just like this on the web.

 

[bklyn]

I am still around. Motorola did call me and threaten to put me in jail if I didn't send it back. They also told me that they couldn't give me a free photon since I unlawfully bought the other photon. I still have the phone, but ill be sending it back tomorrow. I'm still posting over on AF and answering questions. Chime in if you'd like!

Sent From The 2nd SHOOTER On The Grassy Knoll!

Unfortunately, you are out of luck if you buy stolen property--even if you thought it was legitimate. Your only legal recourse is to sue the person who sold it to you. It isn't fair, but my understanding is that is the law. People who profited from Bernie Madoff's illegal Ponzi scheme before it fell through are being sued by those who lost money on the basis that they profited from illegal activity.

 

[sYnOnYx]

We're like a few days from launch right? I would go dig a hole somewhere and bury it until then. I'm sure they just threatened you. They wouldn't waste the money a few days from launch. I think at this point they just want to know who leaked it is all. I would hide it out, pretty sure the cops won't come looking. Its not apple afterall. I would contact PR and the your contact and let them know you wont be sending your photon back until you get your cash or another photon.

If the seller already withdrew the money from his paypal account, its GONE and you won't see a dime of it back. Sorry. It would take a few days atleast for a DA to get the information and then decide. By then the photon would be out and moto would forget about it.

I hope Motorola knows I was hyped to buy the phone, but then to not even offer you the cash or a replacement is just wrong, and I prefer not to support companies that do this to their loyal supporters.

 

[sYnOnYx]

BTW took it upon myself to email SEVERAL motorola PR people and Higher ups.

 

[Mike77]

Lesson learned, don't buy stolen property. Motorola making any amends to the person who purchased a stolen item would only set a bad precedent and if anything possibly endorse future sales like this with people thinking, "if this goes bad Motorola will fix it for me". I don't wish the OP any ill and appreciate what he has brought to the forum but I would think that he knew the risks when he purchased the phone.

 

[JoJoCal19]

Lesson learned, don't buy stolen property. Motorola making any amends to the person who purchased a stolen item would only set a bad precedent and if anything possibly endorse future sales like this with people thinking, "if this goes bad Motorola will fix it for me". I don't wish the OP any ill and appreciate what he has brought to the forum but I would think that he knew the risks when he purchased the phone.

I don't think it's stolen property as is usually the case where something is actually stolen from an individual. We don't know who had this phone but if it was rightfully theirs (possibly not if it was only lent to them for testing) then Shawn would not be in possession of stolen property.

 

[Linkchomp]

it depends. If the seller stole the phone or took it without motorolas consent then yes they can press charges against the op for receipt of stolen goods. Best thing for him to do is to open a paypal disputer file a chargeback with his bank.

 

[JoJoCal19]

it depends. If the seller stole the phone or took it without motorolas consent then yes they can press charges against the op for receipt of stolen goods. Best thing for him to do is to open a paypal disputer file a chargeback with his bank.

That's true. I sure would not return the phone unless I got my money back. I'm sure he paid a premium for it.

 

[statdoc]

I don't think it's stolen property as is usually the case where something is actually stolen from an individual. We don't know who had this phone but if it was rightfully theirs (possibly not if it was only lent to them for testing) then Shawn would not be in possession of stolen property.

it depends. If the seller stole the phone or took it without motorolas consent then yes they can press charges against the op for receipt of stolen goods. Best thing for him to do is to open a paypal disputer file a chargeback with his bank.

Look at the pics in the original post. Stamped right on the side of the Photon is "Confidential Motorola Restricted Property: Not for sale". How much more clear can it be that the seller had no right to do so?

 

[Puzzlegal]

Netflix works on the photon and so does google video chat! thanks op!

That's excelent news. What's your source?

 

[Mike77]

Look at the pics in the original post. Stamped right on the side of the Photon is "Confidential Motorola Restricted Property: Not for sale". How much more clear can it be that the seller had no right to do so?
removed image cuz i hate when others quote images!

Exactly. The phone is not out yet, its stamped by Motorola, you know what you are getting, someone who works for them stole it from them. Really no other way around it.

 

[ljbad4life]

That's excelent news. What's your source?

The op is the source, go to the other forums where he posted, tons of info

 

[Linkchomp]

Look at the pics in the original post. Stamped right on the side of the Photon is "Confidential Motorola Restricted Property: Not for sale". How much more clear can it be that the seller had no right to do so?

And mattresses have those "Do not remove under penalty of law tags" that people obviously do not pay any heed to. Your point?

 

[Evan]

And mattresses have those "Do not remove under penalty of law tags" that people obviously do not pay any heed to. Your point?

Actually those tags usually include something like "except by the consumer". The warning applies to vendors that sell mattresses. Once you purchase it, you (the consumer) can legally remove it if you wish.

I think his point is that people should be wary of purchasing an item that says "property of [some company], not for sale". If you feel comfortable that the person selling it is authorized to do so, proceed, but that notice should at least make a potential buyer ask some questions.

However, that portion of the phone was not shown in the photos in the for sale ad, nor was it disclosed in the ad. I assumed that the seller would have disclosed it privately, but I believe that in Shawheim's post on the other forum, he stated that it was never disclosed and he only discovered it when he received it.

In hindsight, he probably would have been fine if he didn't post that portion publicly and receive as much internet attention as he did or did so after the official release. He obviously didn't think it was something to be concerned about.

 

[statdoc]

Actually those tags usually include something like "except by the consumer". The warning applies to vendors that sell mattresses. Once you purchase it, you (the consumer) can legally remove it if you wish.

I think his point is that people should be wary of purchasing an item that says "property of [some company], not for sale". If you feel comfortable that the person selling it is authorized to do so, proceed, but that notice should at least make a potential buyer ask some questions.

However, that portion of the phone was not shown in the photos in the for sale ad, nor was it disclosed in the ad. I assumed that the seller would have disclosed it privately, but I believe that in Shawheim's post on the other forum, he stated that it was never disclosed and he only discovered it when he received it.

In hindsight, he probably would have been fine if he didn't post that portion publicly and receive as much internet attention as he did or did so after the official release. He obviously didn't think it was something to be concerned about.

I agree with 100% of what you just wrote. Very clear, and accurate. Thank you.

 

[Mike77]

And mattresses have those "Do not remove under penalty of law tags" that people obviously do not pay any heed to. Your point?

Evan already addressed that, but your point is stupid.

The facts:

The phone hasn't been released yet.

It is stamped Confidential Motorola Restricted Property: Not for sale


There is no defense that this phone was sold legit, none. I hope everything works out for the OP but stop portraying him as a victim and Motorola as the big bad conglomerate that is after the little guy.

 

[VDub2174]

And mattresses have those "Do not remove under penalty of law tags" that people obviously do not pay any heed to. Your point?

You mean this tag?

 

[Puzzlegal]

When I was a kid the tag didn't include the disclaimer about the consumer being allowed to remove it. As a result, it was a staple of late-night comedy. I was sort of sad when they fixed that.

That being said, of course the OP should have known this was a fraudulent purchase, at least after he received it. (possibly not before). Since all Motorola has done to him is to reclaim their stolen property, I have ne beef with them. I believe they have treated the OP quite fairly.