XPost: misc.phone.mobile.iphone   
   From: marianjones@helpfulpeople.com   
      
   Verizon refused to unlock man's iPhone, so he sued the carrier and won   
      
      
   When Verizon refused to unlock an iPhone purchased by Kansas resident   
   Patrick Roach, he had no intention of giving up without a fight. Roach sued   
   the wireless carrier in small claims court and won.   
      
   Roach bought a discounted iPhone 16e from Verizon's Straight Talk brand on   
   February 28, 2025, as a gift for his wife's birthday. He intended to pay   
   for one month of service, cancel, and then switch the phone to the US   
   Mobile service plan that the couple uses. Under federal rules that apply to   
   Verizon and a Verizon unlocking policy that was in place when Roach bought   
   the phone, this strategy should have worked.   
      
   Verizon, unlike other carriers, is required by the Federal Communications   
   Commission to unlock phones shortly after they are activated on its   
   network. Verizon gained significant benefits in exchange for agreeing to   
   the unlocking requirement, first in 2008 when it purchased licenses to use   
   700 MHz spectrum that came with open access requirements and then in 2021   
   when it agreed to merger conditions to obtain approval for its purchase of   
   TracFone.   
      
   Verizon is thus required to unlock handsets 60 days after they are   
   activated on its network. This applies to Verizon's flagship brand and   
   TracFone brands such as Straight Talk.   
      
   But 60 days after Roach activated his phone, Verizon refused to unlock it.   
   Verizon claimed it didn't have to because of a recent policy change in   
   which Verizon decided to only unlock devices after "60 days of paid active   
   service." Roach had only paid for one month of service on the phone.   
      
   The FCC-imposed restriction says Verizon must unlock phones 60 days after   
   activation and doesn't say that Verizon may refuse to unlock a phone when a   
   customer has not maintained paid service for 60 days. Moreover, Verizon   
   implemented its "60 days of paid active service" policy for TracFone brands   
   and Verizon prepaid phones on April 1, 2025, over a month after Roach   
   bought the phone.   
      
   Company policy at the time Roach made the purchase was to unlock phones 60   
   days after activation, with no mention of needing 60 days of paid active   
   service. In other words, Roach bought the phone under one policy, and   
   Verizon refused to unlock it based on a different policy it implemented   
   over a month later. Verizon's attempt to retroactively enforce its new   
   policy on Roach was not looked upon favorably by a magistrate judge in   
   District Court of Sedgwick County, Kansas.   
      
   --- SoupGate-Win32 v1.05   
    * Origin: you cannot sedate... all the things you hate (1:229/2)