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Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 6867
Experience:  Licensed attorney helping individuals and businesses.
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I am a Verizon cell phone customer. The volume on my phone

Customer Question

I am a Verizon cell phone customer. The volume on my phone is not working properly,
A CSR / tech support tried to help fix it, but unsuccessfully. The rep ordered a new phone (I did not request of order this) which was sent with a return envelope for returning the defective phone. without realizing or checking if the phone was still in warranty.
The problem is, the defective phone is out of warranty. Technically, my new contract would not start until April, i.e. I would be eligible for a new phone then... really need one now...
QUESTION: What is my legal position, if I start using the new phone and return the old? since the company (one hand not knowing what the other is doing) sent me the phone, unsolicited. Obviously eventually they will realize that this was their mistake.
What is my standing here? it was THEIR mistake, and now they are texting me to return the defective phone saying that otherwise I could be charged $500 for the new one..
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  attyadvisor replied 1 year ago.

Do you have a copy of your Verizon contract? I don't know that this was a mistake it may have been the way they resolve these issues. Can you attach your contract?