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Apple refuses to return repaired iPhone

In the fight against theft it's nice to know that the authorities are on your side -- even if Apple and AT&T are not. Consumerist reader Alisa is learning the hard way that sometimes procedures are a hassle. Alisa recently had her iPhone stolen and even though the police did some on-site detective work, she never went down to the precinct to file an official police report.

Not having a police report has turned into being a bigger hassle for Alisa than if she had filed one originally. Alisa just found out that the thief is trying to get Apple to replace "their" (stolen) iPhone. Apparently the original owner's email account is still linked to the serial number of the iPhone and as such she has been made aware of the situation.

One would think this is great news and Alisa should be able to simply work with Apple to retrieve her original iPhone or, ideally, the replacement that is now apparently necessary. Unfortunately, due to the lack of a police report having been filed, neither Apple nor AT&T are willing to do anything to help her retrieve her iPhone.

The whole situation seems, at first, mind boggling -- why would Apple not help a loyal customer get their stolen property back? If you take a closer read at Alisa's letter to Consumerist you can see why Apple may not be in a position to help her. Since Alisa did not file a police report, her story does not have the legs to stand on in the eyes of Apple. While it would be nice if this were an open-and-shut case, it seems that Apple is going to need something more substantial than a phone call to convince them to send Alisa an iPhone.

[via Gizmodo]

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In the fight against theft it's nice to know that the authorities are on your side -- even if Apple and AT&T are not. Consumerist...
 

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Rashad

My iPhone was stolen a month before the 3G came out, I regret not reporting it stolen. I still have the box, is it too late? lol

January 07 2010 at 12:54 AM Report abuse rate up rate down Reply
William

What is "on-sight detective work"?

January 04 2010 at 11:46 AM Report abuse rate up rate down Reply
Nate

It wouldn't prove anything if she filed a police report either. All that proves is that she told the police the same story. We all know what people tell the police isn't guarranted to be the truth, nor what the police themselves say.

January 04 2010 at 7:10 AM Report abuse rate up rate down Reply
DavidG

All companies are required to behave this way. People tell stories all the time. There's no way Apple or AT&T can know for sure if an individual is telling the truth. There's a legal institution that does so instead ... the police.

Having a name tied to a serial number just means that the OP owned the phone at one point. Many iPhones are sold to people who then jailbreak them and use them on other networks, all without anyone ever asking the original wireless company to update their records of who owns the phone.

What if you sent in your purchased-on-eBay phone to Apple for repair and they mailed it back to a prior owner who claimed it stolen?

January 02 2010 at 8:13 AM Report abuse rate up rate down Reply
FrenchDutchman

Hi,

Can anyone tell me if policemen in the US do accept to file every police report ? I'm from France and an Amazon order was stolen in my letterbox weeks ago and it was just impossible to file a report because the value was 20€, now there is a law which tells every report must be filed and that policemen can't refuse. In the real world, they did and acted against the law.

That could be a problem, imagine the policeman told her that it is not necessary to file a report in this case so that he doesn't have to do it, that could be a big deal.

Amazon refunded me while they had no reason to do so and I had no police report to show them. Sometimes our opinions are too, let's say, harsh and we don't have all the elements in hands. Since I don't know if policemen do their job well in the US, I ask you. That is very interesting for my culture.

January 02 2010 at 6:36 AM Report abuse rate up rate down Reply
alisa

I'm the Alisa of this story. I would like to make it clear that I DO HAVE A POLICE REPORT. -- Shortly after I sent Consumerist my email, i realized that I was wrong in assuming that it would be obvious that i filed a police report once the police told me they couldn't do anything since i didn't have one. For what ever reason consumerist didn't edit that post to state this information. So even with a police report Apple still refuses to do anything. I am now working with a lawyer to see what my options are legally.

Thanks

January 02 2010 at 2:00 AM Report abuse rate up rate down Reply
1 reply to alisa's comment
Hugues

@Alisa and David
The police can do the investigation and enforce a court decision. But they can't force Apple to return the iPhone before a judge takes a decision!
In movies, you always see judges delivering search warrants, it cannot be at the sole will of the policeman to go in and do what he wants. Here it is the same idea.

Parliaments make laws, judges rule based on those laws, and police enforces those orders.

January 02 2010 at 10:27 AM Report abuse rate up rate down Reply
3581512

This is a stupid post. Should have never made it to tuaw.

January 02 2010 at 12:07 AM Report abuse rate up rate down Reply
tpfilm

I don't know how it is where this chick lives, or you other guys, but in North Carolina getting the police to do a little "detective" work will generate a police report. You don't need to go file a report at the station. You go pick one up.
Having said that, it's so easy to get a police report. Some will email you a PDF - Savannah/ Chatham County Metro in GA.

January 01 2010 at 7:48 PM Report abuse rate up rate down Reply
1 reply to tpfilm's comment
Charli

she is in New York City. And even in NC, it's unlikely that the incident report would have key identifying information like the serial number cause most folks don't walk around with that stuff. but you need it for said reports. so you'd still have to go in and have the onsite report amended with the details.

January 01 2010 at 11:00 PM Report abuse rate up rate down Reply
Hugues

Even with a police report, that doesn't entitle her to recover the stolen iphone. Let's assume she did file a police report, and that she was covered by insurance that replaced the stolen phone with a new phone, then the stolen iphone belongs to the insurance company. Only the company would be entitled to sue the thieft at this point. At least that's the way it is with French laws. When there is a compensation, there is a transfer of property.
In this case, I don't know if she had insurance. But in any case, only a court could order Apple to return the iPhone to a different person than the one that brought it for repair, not even the police. In modern democraties, there is a thing called separation of powers.

January 01 2010 at 3:27 PM Report abuse rate up rate down Reply
drew

i normally really enjoy reading tuaw, but increasingly im left wondering why its bloggers dont ask a fellow colleague about an article before posting it. as others have stated, its quite obvious why they would not be able to help her without a police report. if her car was stolen, her house broken into, or her wallet and identity taken, would she have found it too much of a hassle to report to the police? seriously, its 2010, get with the program!

January 01 2010 at 2:03 PM Report abuse rate up rate down Reply
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