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  • 15. Re: What can I do if my Galaxy S II got stolen??

    I know the phone is stolen, and I will probably need to buy a new one. But my real question here is, What does T-mobile insurance cover? Does it cover the phone it self or does it cover the phone line? I ask this question because the employee told me the that when you switch Sim card you lost your insurance because you are covering only the phone line. I am not sure about that, so if i using a any phone with the line that has insurance then I could replace that phone it does not matter if is the most expensive one or a cheap one.

     

    PS: when I bought the Galaxy S II it was going to be for my son. I ask the employee if we could do that, she said " yea no problem, the only thing is that samsung will not give you your mail rebate." So that was fine with me.

     

    PS2: 2 year ago that same thing happen, but this time my wife decided to choose a phone for my son seen when we were going to make a new contract it was my son birthday. The same story happen someone stole the phone (expect this time we were paying insurance) . All we did was call the insurance and that was it. They didn't ask what phone line was using the phone they just told they were going to send a new one.

  • 16. Re: What can I do if my Galaxy S II got stolen??
    smplyunprdctble

    erroneus wrote:

     

    Cite the law you are claiming or stop talking.  Seriously.  I have DONE THIS.  It wasn't pity, it was consumer protection law that allowed me to prevail.

    Laws in different states may be different, and supposedly in Texas you have a law that says if you do something stupid, you no longer have to pay.  Does that mean in Texas if your house burns down because you let a bon fire go out of control in the back yard you no longer have to pay your mortgage?

     

    With the T-Mobile contract, you agreed to have a data plan for two years.  If you get rid of the phone, you still are obligated to have that data plan.  It's more of a deterent from having people get a cheap-to-free smartphone, sell it for a profit, and go back to their flip phone and take the data plan off.

     

    Seriously.  People would do this.  They'd have a family plan, "buy their teenager" that phone and sell it, while trying to cancel the data plan.  It's the same reason the ETF exists.  T-Mobile [and other providers] take a loss on discounted phones, and the way they recoup the cost is by requiring certain things on an account [in this case, a 24-month commitment and a data plan].

     

    Now, there IS a way to get a data plan removed from your account with no ifs, ands, or buts!  That way is to have a VALUE plan or EVEN MORE PLUS plan.  You either paid full price for the device or paid a migration fee [with the exception of the really early days of EMP that I missed].  Since you paid full price for the phone, a data plan is not required, and can be easily removed without question.

     

    Law is an interpretation of it.  Which is why we have so many cases that wind up going before the Supreme Court.  I seriously doubt that there is a law that says "if your phone gets stolen and you cannot use all the services you promised to pay for during a two-year period, you can get the service removed." -- that's like saying if your phone was stolen and you don't have a backup phone and cannot afford to purchase a new phone you can end your contract with your carrier without penalty.

  • 17. Re: What can I do if my Galaxy S II got stolen??

    Laws in different states may be different, and supposedly in Texas you have a law that says if you do something stupid, you no longer have to pay.  Does that mean in Texas if your house burns down because you let a bon fire go out of control in the back yard you no longer have to pay your mortgage?

    That's an inappropriate parallel.  However, if we were to follow that to conclusion, the answer is yes.  Bankruptsy law could enable a person to do precisely that.  However, in the case of real estate, it's the land, not just the house you are buying -- in fact, the house merely adds value to the land.  When a person buys a house, he is at liberty to destroy it and build something else or merely to maintain a plain of green grass if he so desires.  (Of course, terms of the loan probably require approval of the lender before such action is taken.)  So you clearly don't know what you're buying when you buy "a house."  (That said, in the case of condominiums, people don't know what they are buying there either because there are almost no "ownership" rights in the first place.)

     

    Texas recognizes that in cases where long-term obligations are concerned, circumstances change.  For example, a person had a 2 year commitment with, let's say for the sake of argument, a $200/mo data plan.  But somewhere along the line, he loses his job and can no longer afford to pay that.  The protections a consumer has essentially says "tough luck [business], your responsibility is to manage your own risk, the law is not here to support your bad risk assessment."  It doesn't mean a person "gets out of his contract" but it does mean anything the carrier might do to harm the customer is severely limited.  But one thing is certain: I have never fallen prey to a situation where I was forced to pay for something where I wasn't getting any benefit.  I know this has happened to my company with a T1 line and the laws of this state do not guard against "the fee for breaking the agreement == the remaining commitment of the agreement."  It is precisely laws against this practice that prevent usurious lease breaking fees on rental property which equal the term of the lease in full.  There are certainly limits to the claims a carrier can make against a customer who wishes to break his agreement and you can bet it will not be the full term of the remaining contract.

     

    That said, a carrier would be more inclined to negotiate a new rate plan for someone than to lose them as a customer unless they do this kind of thing too often which leads me to my next thought...

     

    This conversation has definitely gone in a bad direction.  And from what I can tell, the original poster is scamming because this has apparently happend "twice" to him.  Now he's got a phone "for his son" for a use on a different account and likely for a different carrier.  Kinda sounds like he's trying to game the system.

  • 18. Re: What can I do if my Galaxy S II got stolen??

    erroneus wrote:

    .... However, in the case of real estate, it's the land, not just the house you are buying -- in fact, the house merely adds value to the land.  When a person buys a house, he is at liberty to destroy it and build something else or merely to maintain a plain of green grass if he so desires.  (Of course, terms of the loan probably require approval of the lender before such action is taken.)  So you clearly don't know what you're buying when you buy "a house."  (That said, in the case of condominiums, people don't know what they are buying there either because there are almost no "ownership" rights in the first place.)

     

    Texas recognizes that in cases where long-term obligations are concerned, circumstances change.  For example, a person had a 2 year commitment with, let's say for the sake of argument, a $200/mo data plan.  But somewhere along the line, he loses his job and can no longer afford to pay that.  The protections a consumer has essentially says "tough luck [business], your responsibility is to manage your own risk, the law is not here to support your bad risk assessment."  It doesn't mean a person "gets out of his contract" but it does mean anything the carrier might do to harm the customer is severely limited.  But one thing is certain: I have never fallen prey to a situation where I was forced to pay for something where I wasn't getting any benefit.  I know this has happened to my company with a T1 line and the laws of this state do not guard against "the fee for breaking the agreement == the remaining commitment of the agreement."  It is precisely laws against this practice that prevent usurious lease breaking fees on rental property which equal the term of the lease in full.  There are certainly limits to the claims a carrier can make against a customer who wishes to break his agreement and you can bet it will not be the full term of the remaining contract.

     

    That said, a carrier would be more inclined to negotiate a new rate plan for someone than to lose them as a customer unless they do this kind of thing too often which leads me to my next thought...

     

    This conversation has definitely gone in a bad direction.  And from what I can tell, the original poster is scamming because this has apparently happend "twice" to him.  Now he's got a phone "for his son" for a use on a different account and likely for a different carrier.  Kinda sounds like he's trying to game the system.

     

    You are spouting nonsense. There is no law protecting the consumer against businesses with which the consumer has entered legal commerce and contract.  If the consumer loses their job, their recourse is bankruptcy, or some similar instrument of protection, where courts step in to pay lenders.  You losing your phone, dropping it down a well, or having it stolen is not a consumer-protection triggered act in any way, shape, or form.  You are living in some sort of fantasy land if you think otherwise.

  • 19. Re: What can I do if my Galaxy S II got stolen??

    Prove I am speaking nonsense.  Even T-Mobile agrees with me on the points I am making.  (Please, try to disagree with T-Mobile.)

     

    See the following: http://support.t-mobile.com/docs/DOC-2938

     

    They make special mention of state and local laws regarding the terms of early termination.  (Yes, it explicitly only mentions taxes collected, but you have to know all other state and local laws can and often override any given contract.  Otherwise, the terms of a contract could include all manner of things which are otherwise considered to be illegal such as clauses which endenture servitude or the posession of one's first-born child.)  Is it nonsense to point out that state and local laws can and do overrule any given contractual agreement you may have?  If so, tell me how.

     

    And there are plenty of laws protecting consumers against bad contracts from bad companies.  As a Texan, I have learned through experience of many of such laws.  texastenant.org is all about educating the public about the law and how it serves to protect them.  www.carlemon.com serves to educate the public about consumer protection laws related to cars and the contracts associate with the purchase of them.  http://www.dca.ca.gov/publications/legal_guides/k-6.shtml is a nice guide for residents of California.  And finally, http://en.wikipedia.org/wiki/Consumer_protection spells out a larger view of consumer protection laws which often overrule contracts between consumers and businesses.

     

    If you think people should not research and learn their rights afforded to them by local, state or national law and simply take your word for it, your ego is simply too large.  I speak no nonsense.  I speak "educate yourself" and "know your rights" and never take abuse from someone simply because a contract says you must.

  • 20. Re: What can I do if my Galaxy S II got stolen??

    djlion3, read my post about getting a new phone through Care if insurance was not added at activation.

     

    Emelio

  • 21. Re: What can I do if my Galaxy S II got stolen??

    Whew can i contact Care??

  • 22. Re: What can I do if my Galaxy S II got stolen??

    611 from a tmob phone or 800.937.8897

     

    hth

     

    Emelio

  • 23. Re: What can I do if my Galaxy S II got stolen??

    You can also live chat with then via computer. If you go on to T-Mobile. Com you'll see the option on the right,  somewhere,  to live chat.  There are some things they can't help with that require you to actually speak with a rep, not sure if your situation would be one of them. Good luck!

  • 24. Re: What can I do if my Galaxy S II got stolen??

    Thanks Emelio and Lolita I will try that and see what happens

  • 25. Re: What can I do if my Galaxy S II got stolen??

    Your link to the ETF page proves my point.  The subscriber's recourse is an ETF, taxes vary.  It's the user who can't take advantage of the contract in which they are a party, not T-Mo.  It's the consumer's fault in this case.  I mentioned ETF in my second post to your ignorant rants. Go back to the OP.  The user lost their phone (stolen, damaged, sold it, gave it way, threw it down the well...Doesn't matter).  How is it T-Mo's fault the user can't access their data?  That's not a bad contract with a company doing bad business in any way, shape, or form.  The subscriber can get a phone and use data all day long.  T-Mo will sell that person a new phone, or the user can ETF their way out of the contract.  There is no breach, and therefore relatively little the subscriber can do to get out of the contract, other than ETF.

     

    You continue to act like T-Mo has done something wrong by requiring the subscriber to comply with their contract. Might I suggest YOU research contract law.  Start with the UCC, which governs sales across all states.  You can start here (http://www.law.cornell.edu/ucc/2/article2.htm#s2-301).  There are entire sections on perfromance, breach, and remedies.  Until you can prove T-Mo didn't deliver on their promise of data delivery, a requirement for a subsidized Android smart phone, there is no breach or remedy by the seller.  Notice I am not trying to redirect you to any sort of lemon law or consumer protection site.  The consumer does not need protection in this case.  T-Mo isn't doing anything wrong and is 100% complying with the terms of their agreement. 

     

    Gee, if only the OP had the phone they purchased from T-Mo, or ensured they were paying insurance.  It's too bad they don't have a phone to access the data T-Mo is providing them as they are required by the terms of their contract with the subscriber.  That's perfect service and will not in any way trigger a CP act.

  • 26. Re: What can I do if my Galaxy S II got stolen??

    Question for you carracan:

     

    Have you ever attempted to exercise the kinds of consumer rights I discuss?  Ever?  Just a simple "yes" or "no."

     

    I can safely say *I HAVE* done exactly that.  I have defeated usurious lease agreements and also usurious contract conditions with Sprint when I moved over to T-Mobile.  The law in Texas at that time simply did not allow them to continue charging me for service I couldn't use.

     

    I don't know how things work in your alternate universe, but experience and reality trumps theory... especially legal theory.

  • 27. Re: What can I do if my Galaxy S II got stolen??
    smplyunprdctble

    You said "when you were with Sprint"

     

    Prior to about a year ago, cell providers had a clause that said "if you move out of our coverage area, we'll let you out of your contract" [paraphrased, obviously].  This is probably the clause you used, not Texas law.

     

    This clause has been removed and replaced with "Coverage not guaranteed" across providers.  This prevents [as I've seen happen] people from using someone else's address and saying "I don't get service, I want out free and clear."  Unfortunately, there are a few legitimate situations where moving causes you to no longer get service, but people have been using coverage as a factor when leasing or purchasing a new home.  I mean, back when I can't tell you how many apartment complexes I turned down because the cell signal just wasn't there [That was an oddity here in Atlanta...  never understood it, but it's been fixed for the most part...  full signal at the street, but as soon as you got into the complex, you were lucky to get 1-2 bars and REALLY lucky to get any inside].

     

    Whatever law you're trying to quote or not, if you're with a provider and move now [not before], you probably will not get out of your contract free and clear.

  • 28. Re: What can I do if my Galaxy S II got stolen??
    hagrinas

    If you didn't notice insurance on your bill each month, you should have contacted T-mobile right away.

     

    That being said, insurance is generally a bad idea for phones and most consumer electronics. The idea behind insurance is that the companies make money selling it because they expect to pay out less than they take in. Chances are that you will pay more in insurance than you will get back.

     

    You might think that in this particular case I'm wrong, but that's probably not true. Assuming we are talking about the $7.99 insurance mentioned in the thread, that's about $96 per year or $192 between when you get the phone and can get a new subsidised one. If you've had cell phones for the past decade, you saved $960.00 so far. If you just got your first phone and are thinking that you should have gotten insurance and will get it next time, then you will end up paying $960 for the next decade but probably not ever file a claim. In the long run you are still ahead without it.

     

    I just had the same phone fail right after the warranty failed. But with five phones on my plan, that's $240 to $480 saved per year without insurance, and the $240 plan would not have covered theft.

     

    Since the phone has GPS, can be locked, and can use free software to track its location, it's hard for people to steal since you can locate it on the Internet in seconds and work with the police to get it back. Where I live the police love it when somebody steals something like this and they can track it and make an arrest quickly. But not setting up the software is no good in hindsight and so is not rereading the contract when you check out.

     

    Insurance is worth it on automobiles or homes or anything where an accident can get you sued for a million dollars. But if you can afford the phone bill, you can afford the phone.  You can get a new one cheap with a contract, and the penalty for dropping the contract is only $200 maximum.  So even with the maximum penalty and picking up a new phone at a steep discount with a new contract, it still comes out relatively cheap compared to $192 in insurance for the two year period between being able to get subsidized phones.

  • 29. Re: What can I do if my Galaxy S II got stolen??

    In my opinion, it's a lot cheaper to pay the insurance deductible of $130 than it is to dish out $600 for a new phone. Lots of things can happen besides the phone getting stolen, like dropping it in water, leaving it on the hood of your car, etc....insurance covers that.