iPhone Users Sue AT&T For Letting Thieves Re-Activate Their Stolen Devices 197
An anonymous reader writes "Following on the heels of the FCC and U.S. mobile carriers finally announcing plans to create a national database for stolen phones, a group of iPhone users filed a class action lawsuit against AT&T on Tuesday claiming that it has aided and abetted cell phone thieves by refusing to brick stolen cell phones. AT&T has '[made] millions of dollars in improper profits, by forcing legitimate customers, such as these Plaintiffs, to buy new cell phones, and buy new cell phone plans, while the criminals who stole the phone are able to simply walk into AT&T stories and 're-activate' the devices, using different, cheap, readily-available 'SIM' cards,' states their complaint. AT&T, of course, says the suit is 'meritless.'"
Say what you will about Telstra... (Score:5, Interesting)
in Australia, Telstra have a bad rap for fucking over customers, but this isn't an issue with them. A year back I lost my iPhone, reported it stolen, and within a week another Telstra customer began using it. Telstra stopped their service, had them come into a store, and simply took the phone from them and let me know I could collect it. As gravy, the idiot who'd been using it caused a scene in the Telstra store and had the police called on them - they were known to the cops and arrested for other reasons.
On the bad side, I'd already bought another iPhone in the meantime. Win some lose some.
Re:Hoist by own petard (Score:5, Interesting)
Would the DMV be liable if they licensed a car that was reported stolen....I think so
The DMV is required to do this by law, because they are creating a title to real property of significant value.
AT&T isn't required to do that.
They are not granting you a title simply because they are selling you a service.
Re:Only if they reported it. (Score:5, Interesting)
Cars are located and disabled with OnStar, but all vehicles do not have OnStar. If a car with OnStar is reported as stolen, OnStar will work hand in hand with police to get the car recovered. This is a core feature that sells the OnStar service. Ditto with services like LoJack (which they provide for computers now, I used to sell it myself). However, you cannot register a stolen car with any DMV in this country. They check their databases specifically for this reason. The DMV is not a police officer, but I'm betting most reasonable people are cool with them electing not to register cars reported stolen.
For one thing, 99 times out of 100, the police do not recover the phone at all. If it's not resold and reactivated, it either ends up a toy for some thief's kid to play with or broken into a million pieces or rotting at the bottom of a lake or river. How many reasonable people have ever lost or had stolen something like a cell phone and actually expected to see it again? Stolen property, especially stolen property that's relatively cheap like a cell-phone, is not a priority for any police department in this country. If they come across it while investigating other crimes, they'll be good enough to give you a ring and have you come pick it up (unless they need to keep it as evidence), but they don't actively check personal electronics to see if they're stolen unless they have a compelling reason to do so. They don't have the time. No police force in this country has that kind of time, obviously.
Your only recourse now if your phone gets stolen is to call the police and buy a new one. Nobody is expecting anything any different there. All they're asking is that the thief not be able to take that stolen cell phone into another store and reactivate it when AT&T can tell perfectly well that it is a stolen phone. AT&T is not being singled out here. Any time a person has a reasonable suspicion that a good may be stolen they're required to act accordingly regardless of their relationship with that person. If someone offered to sell you a brand new PS3, still in the box, for $50 out of the back of a van, for instance, and it turns out it's stolen, you can't feign ignorance because a reasonable person would have known better and you are guilty of a crime. If a used car salesmen agrees to buy a car with scratched off or non-matching VINs, they are guilty of a crime.
Your "Orwellian society" and "Corporatocracy" claims are pretty ridiculous when people are trying to make a corporation be accountable for once, and requiring them to brick phones they know to be stolen is part of that. As I said above, there is plenty of precedent already covering this, the concept is not new.
What exactly is it that you're worried about here? That AT&T is going to vindictively brick cell phones? That they're going to just let any old person call up and brick any phone he wishes? You can't even talk about your fucking bill without giving them a whole bunch of personal information first, so what exactly are you worried about here? What power is this going to give the corporation to abuse? They've already got this power, so if they were going to abuse it, they would have long before now...