[blindlaw] Smart Phone article of interest

[Daniel McBride]

Ross:

Just wanted to fuss about an aspect of smart phones that really ticks me
off.

In May of 2012, I purchased an I Phone 4S.  I got a 60% discount for signing
a 2 year contract with the vendor, AT&&T.  My monthly bill for the unlimited
access service is $100.84.

Back in February, I did the math and figured out that I would save money if
I breached my 2 year deal, paid the liquidated sum of $200 agreed to and
started the same unlimited access service with Sprint for $50 per month.
There was but one problem.

When I inquired with my local Sprint vendor, I was advised that the very
expensive I Phone that I purchased wasn't really mine.  That is, my very
expensive I Phone can be activated, and utilized, through AT&T alone.

So, the phone I thought I purchased, and was dumb enough to believe that I
owned, is actually the property of AT&T and I am merely leasing same for 2
years.

After the 2 year contract expires, I either renew my lease with AT&T, or the
very expensive I Phone is worthless as, even after fulfilling my contract, I
cannot have any competitor activate their service on what I thought was my
phone.

Now, what really ticked me off about this is that this was not disclosed to
me by the AT&T sales person when I made the purchase.  I understand that I
am educated, that I am my own best advocate and that I should have thought
to ask about this issue.  However, it never occurred to me that the
transaction was a lease and not an owner purchase.  I believe it to be
deceptive and that this should be the obligation of the lessor to disclose
pursuant to principles of truth in advertising, as this was an advertised
program.

Furthermore, I have a niece that manages a T Mobil store and I called her
about this issue.  She advised that the circumstances described above are
the usual practice across the board with all smart phone service providers.

Anyway, just my 2 cents worth of useless knowledge.

Dan McBride
Fort Worth, Texas

-----Original Message-----
From: blindlaw [mailto:blindlaw-bounces at nfbnet.org] On Behalf Of Ross Doerr
Sent: Saturday, July 20, 2013 10:29 AM
To: 'Blind Law Mailing List'
Subject: [blindlaw] Smart Phone article of interest

The link below is for an article about smart phone plans, and it raises a
fascinating legal issue. To be fair, it is an issue that is not exclusively
a blindness or low vision issue. For that very reason an opportunity to
change it  may be a better one than if it was presented as strictly a
"blind" issue.
As you listen to it, note two interesting things - first, on a regular cell
phone plan that you sign up for two years with, the cost of the smart phone
you didn't pay "up front" is a part of you monthly bill. So, if that is so,
as the two interviewers say, why doesn't that "cell phone payment" part of
your monthly bill get dropped after the phone is paid off?
Second, you can rent a smart phone and pay for it until you want what they
bill as a "free" upgrade to a newer phone. As the interviewer points out,
aren't you paying for the same phone twice?
So, for those of you who are contracts or transactional attorneys - is that
legal? How can they charge all of us out here twice for the same thing?
I will openly confess my lack of legal expertise on such an issue, my
practice focus is on disability specific laws and regulations, so I would
like to know what others have to say on the matter.
By the way, if you have a "dumb phone" like I do, isn't it handled the same
way? Did I pay for my motorola twice? 

WBUR radio article
	New Smartphone Upgrade Plans Can Be Costly In The Long Run
http://www.wbur.org/npr/203683450/new-smartphone-upgrade-plans-can-be-costly
-in-the-long-run
When you get the WBUR website up, scroll down to the "play" button that
should appear directly under the author of the article and click on it.
Interesting, isn't it.

Ross A. Doerr Esq.
Visit my blog at:
http://journeyblind.blogspot.com/


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