http://forums.appleinsider.com/showthread.php?threadid=105876
Apple will not return a stolen iPhone to the original owner after the thief
took the phone in to get serviced.
After getting her iPhone stolen, one reader relayed to Consumerist the tale
of her failed attempts to try to get it back from AT&T and Apple. The crime
happened on the subway in New York city, after which the victim promptly
called the police who searched the area to no avail.
Several weeks later the victim received an email from AT&T notifying her
that someone had filed a request for to replace her broken phone through
Apple Care. Her email was linked to the serial number of the phone so she
received all messages regarding service and warranty work. After hours spent
on the phone with Apple and AT&T she was notified since a police report was
never filed she doesn't have sufficient evidence to get her phone back.
"So I call AT&T... and over the course of 12 hours I speak to a bunch of
people who are all very sorry that this is the situation I'm in, but their
hands are tied - they have to honor the warranty and it does not matter that
it's clear the phone is mine. They would need the authorities to tell them
to do otherwise," writes the victim.
Despite the fact that she went to the precinct and had the authorities call
Apple to verify her story, Apple stuck to its guns. To Apple, she has no
real way of proving that she is still the owner of the phone. So Apple has
refused to act on her behalf and instead chose to honor the warranty
agreement.
She called the police who searched the area ... yet no police report was
filed?
So now it's her fault? You Apple apologists make me want to puke.
News for you. All the cops I know keep a day / memo log. Comes in very
handy in cases like this. It also covers their ass.
I'm not apologizing for Apple at all. I'm saying that to have cops search the
area and to go to the precinct and have them call Apple ... all without a
police report ... doesn't make sense.
That said, it's reasonable that Apple would not return the iPhone. To do it
without a report means that if I knew the serial number of your iPhone, I
could call and report that you stole it, just to infuriate you.
>
> News for you. All the cops I know keep a day / memo log. Comes in very
> handy in cases like this. It also covers their ass.
>
And that's exactly my point, idiot. The cops don't search the area and not
create a police report.
Your point, Moron - is that you are a diehard, blowhard Apple apologist. You
don't have a clue as to what the cops did or didn't do. If it's anti-Apple,
you are automatically on the opposite side. Sad that jerks like you worship
a corporation.
It is quite sad. :(
I worship a company as my god.... :(
> Apple employees - Small people with a small power base.
>
> http://forums.appleinsider.com/showthread.php?threadid=105876
>
> Apple will not return a stolen iPhone to the original owner after the thief
> took the phone in to get serviced.
>
> After getting her iPhone stolen, one reader relayed to Consumerist the tale
> of her failed attempts to try to get it back from AT&T and Apple. The crime
> happened on the subway in New York city, after which the victim promptly
> called the police who searched the area to no avail.
>
> Several weeks later the victim received an email from AT&T notifying her
> that someone had filed a request for to replace her broken phone through
> Apple Care. Her email was linked to the serial number of the phone so she
> received all messages regarding service and warranty work. After hours spent
> on the phone with Apple and AT&T she was notified since a police report was
> never filed she doesn't have sufficient evidence to get her phone back.
Someone appears to be playing fast and loose with the facts in this story!
If property is recovered that is believed to be from a theft then it is not
for the police, AT&T nor Apple to determine "actual" ownership if the
ownership is disputed!
But the story appears to dismiss any such dispute as the first sentence
clearly identifies one of the two alleged owners as the person that stole
the iPhone therefore that person would have no right to claim ownership!
It is also clear that some sort of police report *must* have been filed for
the iPhone to even be considered a stolen item!
If it has been established without doubt that the person mentioned was
indeed "the thief' that stole "the" iPhone in question then it must likewise
have been established that the iPhone was indeed stolen therefore to claim
that there is no police report establishing that fact is contradictory!
It is more likely that there is no proof that the person seeking the service
is a thief at all therefore all the other parties are obliged to do is to
honor whatever agreements are known to be valid regarding the iPhone and let
the courts decide ownership if that is disputed!
>
> "So I call AT&T... and over the course of 12 hours I speak to a bunch of
> people who are all very sorry that this is the situation I'm in, but their
> hands are tied
I can understand how that would be the case!
>- they have to honor the warranty and it does not matter that
> it's clear the phone is mine.
Perhaps ownership is not as "clear" as the writer thinks that it is?
> They would need the authorities to tell them
> to do otherwise," writes the victim.
Not necessarily! ... After successful prosecution of the thief then any
items regarded as stolen property would be returned to the person that could
prove having had ownership!
But again if there was a dispute regarding ownership by someone other than
the thief the courts would have to decide, but in this case it seems
unlikely that anyone else would be claiming ownership of the iPhone.
>
> Despite the fact that she went to the precinct and had the authorities call
> Apple to verify her story,
The only way that the authorities could verify her story would be following
a successful prosecution of the thief that stole the iPhone with a further
determination that that person was also the same person that applied for
service of the iPhone!
Failing either of the above then Apple could not determine that the person
requesting service was not the actual owner!
> Apple stuck to its guns. To Apple, she has no
> real way of proving that she is still the owner of the phone.
If the current alleged owner of it has been prosecuted as the thief of the
iPhone as the story would have us believe then ownership reverts to the
person that can prove having had ownership of it at some point!
If there is a further dispute then the courts decide!
> So Apple has
> refused to act on her behalf and instead chose to honor the warranty
> agreement.
And return the phone to who exactly? A person that has been shown to have
stolen the phone and has been prosecuted for that offence? ... Yer right!
There are way too many inconsistencies for this story to be taken at face
value IMO!