Sprint sent me 3 Galaxy S8+ phones

Mommyp

Platinum Member
#3
See a contract needs 3 components - offer, acceptance and consideration.

I never accepted and I did not give consideration. Sprint does not even work here in New Mexico. I am keeping these bad boys - to use on the T-Mobile network or to sell on Ebay. $800 each is a SWEET deal.
 

Chris1771

Silver Member
#4
See a contract needs 3 components - offer, acceptance and consideration.

I never accepted and I did not give consideration. Sprint does not even work here in New Mexico. I am keeping these bad boys - to use on the T-Mobile network or to sell on Ebay. $800 each is a SWEET deal.
If you already had your mind made up to be unethical then why did you post here asking what you should do? :dunce:
 

Mommyp

Platinum Member
#5
Looking for legal gotchas. Ethical, HA!! perhaps you have never dealt with a mobile company before. This is Karma coming back baby.
 
#6
I am pretty sure when these phones are activated, Sprint will be able to track them and look for payment for these devices...calling it Karma is ridiculous and I pity the person who unwittingly buys them from you...it's stuff like this that lead us all to trust people less and less...
 
#9
Let's play it the other way.

If Sprint sent you a bill for 3 brand new Galaxy S8's that you never received and never used, would you feel obligated to pay it?
 
#10
Sprint encourages their employees to break the law and deserves whatever they get. I'm looking forward to hearing about them going bankrupt after one of their employees committed fraud that cost me around $700 when signing me up for my cell phone plan. I still wouldn't keep the phones, it is still unethical. Best case, Sprint is going to brick them, worst case you are going to get in trouble for theft.
 
#11
Let's play it the other way.

If Sprint sent you a bill for 3 brand new Galaxy S8's that you never received and never used, would you feel obligated to pay it?
If she never signed a contract then she isn't responsible.

The Federal Trade Commission has said many years ago, if one receives unsolicited merchandise in the mail, then it is considered a gift.
 

cyning

Senior Member
#13
(1) This seems more like a question of property law than of contract law. Sprint has title to the phones. Accidentally sending them to you does not convey title to you any more than a person accidentally leaving their phone at your house during a visit conveys the phone to you. They are Sprint's phones, therefore, you should return them.

(2). If it were a matter of contract law, your keeping the phone could be construed as the acceptance of consideration and of the contract Sprint impliedly offered by sending them to you. If you keep them, you accepted an offer and received consideration in the form of the phones, therefore, you should return them to reject the offer.

(3) You say you are looking for legal gotchas. Perhaps you should just look for the right thing to do. Don't make it complicated. TCM is right, look at it from both sides, then do what's fair. They're not yours. The fair and right thing to do is to return them.
 
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#14
(1) This seems more like a question of property law than of contract law. Sprint has title to the phones. Accidentally sending them to you does not convey title to you any more than a person accidentally leaving their phone at your house during a visit conveys the phone to you. They are Sprint's phones, therefore, you should return them.

(2). If it were a matter of contract law, your keeping the phone could be construed as the acceptance of consideration and of the contract Sprint impliedly offered by sending them to you. If you keep them, you accepted an offer and received consideration in the form of the phones, therefore, you should return them to reject the offer.

(3) You say you are looking for legal gotchas. Perhaps you should just look for the right thing to do. Don't make it complicated. TCM is right, look at it from both sides, then do what's fair. They're not yours. The fair and right thing to do is to return them.
There is no such thing as a title to a phone.

Legally if you leave a phone or any personal item at someone house, then legally they do not have to return it. Been there done that, police won't touch it.

By Sprint sending the phone, She has no legal right to return it. Companies years ago used to try that trick, they would send out free merchandise and then bill the person. Federal Trade Commission came out with a ruling that they were considered a gift and put a stop to the deceptive trade.

 

kenny6

Gold Member
#16
It really doesn't matter if you return them or not, they will be useless as soon as they find out their mistake. If not before they get activated as soon as someone calls and tries to activate them Sprint will know.

As as far as selling them to someone, if you think you can get away with selling someone a useless phone for $800 you are going to be in for a rude awakening. Not sure if the police would consider it stolen but you better believe whoever buys it is gonna come looking for you.

If you are really hell bent on getting back at Sprint the best thing you could do is destroy them and claim you never saw them.
 

kenny6

Gold Member
#17
Now that I'm thinking about this; I ordered some ammo online once and they sent me the wrong thing. I called them, they apologized and sent the correct stuff and said they would have UPS pick up the wrong item. Well, I left it out on the patio for a few days and it didn't get picked up on the scheduled day. I called them again and told them it wasn't picked up, they said they would reschedule a pick up. It stayed on my front porch for 2 weeks and never got picked up.

I tried. I still have it..
 
#18
It really doesn't matter if you return them or not, they will be useless as soon as they find out their mistake. If not before they get activated as soon as someone calls and tries to activate them Sprint will know.

As as far as selling them to someone, if you think you can get away with selling someone a useless phone for $800 you are going to be in for a rude awakening. Not sure if the police would consider it stolen but you better believe whoever buys it is gonna come looking for you.

If you are really hell bent on getting back at Sprint the best thing you could do is destroy them and claim you never saw them.
What if you just take them and get them unlocked and use them on another network

 

Mommyp

Platinum Member
#19
That's what I am thinking. Jailbreak them and use them on T-mobile (my network). There are only a few carriers up here in New Mexico - None of them with good networks.

Ah, even better. I noted they are Samsung 955U

UNLOCKED!!!


These babies will work on any network.

I will offer that Sprint come and pick them up and I have contacted sprint, but given all the perfect processes in the cell phone world 30 days from now I will be upgrading my phone for FREE. The likelihood of Sprint getting an alternative path process correct is about 5%.
 
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kenny6

Gold Member
#20
This really sounds like a troll but anyway

One more thing, Sprint and T-Mo use different kinds of networks so even if Sprint says keep em you couldn't use it with T-Mo.

Furthermore, even if they did have the same type of networks the phones are locked to the carrier (Sprint) so any other carrier (Verizon is the only other that uses same as Sprint) would not be able to just activate it on their network. You would first have to get Sprint to unlock it. When you give them the IMEI it's gonna be a big fat NO!

In short, sorry honey technology is way ahead you and thieves and con artists like you. You might be able to get away with using it as a wifi device for a while.