I have 2 iPhone 5s, one for free! My cancelled preorder still shipped after I bought in-store.

[PAZwicker]

After learning that my iPhone 5 wouldn't arrive until mid-October, I decided to cancel my preorder and purchase the phone in-store on launch day, 9/21. The very helpful rep spent an hour with me cancelling my online order so that he could give me the subsidized price on my in-store purchase. I walked out happily with a 32 GB iPhone 5 at the $299 subsidized price.

Much to my surprise, the original order shipped to me today, 9/26. I haven't been charged for this second iPhone 5 since the order was cancelled, but the order still shows up when I track it at att.com (marked as shipped).

Basically, I think I've gotten a free iPhone 5. I want to make sure this is true before I decide to sell it (it was AT&T's mistake, after all). I've read conflicting opinions about whether or not this phone is safe to sell. I think the best course of action (if AT&T doesn't call me on this order) would be to activate the new phone since apparently it has to be activated on my number, and then put the new phone's SIM card into the iPhone 5 that I've been using since 9/21. That way, the old phone will be active but without service and my existing iPhone 5 will have service.

But, is AT&T going to find out? Do I need to wait to find out? I know this isn't exactly ethical, but what would you do? Can AT&T take legal action against me? Or would they just charge me the unsubsidized price for the phone (I'd still make a profit if I sell it)?

[dwill05]

I'm pretty positive that you didn't get a "free" phone and that the billing will eventually catch up with you. You can claim it's AT&T's mistake, but since you clearly know you get a phone that you didn't pay for (because you're posting here), you're liable for either giving it back or paying for it. Selling it and claiming it's AT&T's fault isn't going to hold up.

[wingrider01 ACE - Geek]

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PAZwicker wrote:

After learning that my iPhone 5 wouldn't arrive until mid-October, I decided to cancel my preorder and purchase the phone in-store on launch day, 9/21. The very helpful rep spent an hour with me cancelling my online order so that he could give me the subsidized price on my in-store purchase. I walked out happily with a 32 GB iPhone 5 at the $299 subsidized price.

Much to my surprise, the original order shipped to me today, 9/26. I haven't been charged for this second iPhone 5 since the order was cancelled, but the order still shows up when I track it at att.com (marked as shipped).

Basically, I think I've gotten a free iPhone 5. I want to make sure this is true before I decide to sell it (it was AT&T's mistake, after all). I've read conflicting opinions about whether or not this phone is safe to sell. I think the best course of action (if AT&T doesn't call me on this order) would be to activate the new phone since apparently it has to be activated on my number, and then put the new phone's SIM card into the iPhone 5 that I've been using since 9/21. That way, the old phone will be active but without service and my existing iPhone 5 will have service.

But, is AT&T going to find out? Do I need to wait to find out? I know this isn't exactly ethical, but what would you do? Can AT&T take legal action against me? Or would they just charge me the unsubsidized price for the phone (I'd still make a profit if I sell it)?

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as mentioned you did not get it free - ask yourself these questions -

1. Is it worth the possible legal ramifications that are possible by not returning the device

2. do you have enough to cover the full retail cost of the phone when att realizes it and you have not returned it - they have your billing information, they are within their rights to charge you

No device is worth the hassle, it was shipped in error, they will want the device back or they will bill you for it, not worth risking your financial status or your public record for something as trival as a phone. If you do return it make sure it is returned via a trackable method and not the USPS return label they send -

[stclair49]

Your playing with fire if you think AT&T won't realize you have the phone.
Hope you can stand the $799.00 + tax that will be charged to you credit card. when you don't "REFUSE RECEIPT OF THE SHIPMENT" when the carrier deliver's.
AT&T has a lot deeper "LEGAL" pockets than you, They will get the phone or your money.

[aqualump]

How did you cancel your preorder?  I haven't had any luck.  I'm moving and won't be here by the time the phone gets here.  I had no luck at the AT&T store or via 3 phone calls.

[dwill05]

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aqualump wrote:

How did you cancel your preorder?  I haven't had any luck.  I'm moving and won't be here by the time the phone gets here.  I had no luck at the AT&T store or via 3 phone calls.

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Sounds like he didn't actually cancel his preorder since it was shipped.

[PAZwicker]

I definitely did cancel the preorder, otherwise I wouldn't have been able to get the discounted upgrade price when I bought the other phone at the store. The phone must have already been in the process of being shipped, I guess from a third party warehouse that didn't get the memo in time.

There is definitely not a charge on my account for this phone, and that charge should have appeared by now since the phone has been shipped. Either AT&T doesn't have records of my current phone, purchased in store, or they don't have records of the phone that was shipped.

It seems like the worst that could happen from this situation is that AT&T charges me the full, non-upgrade price of $650 for a 16GB phone. I'd be happy to pay that since iPhone 5s on eBay are currently selling in excess of $800. Subtract eBay and PayPal fees, and I still clear $100-$150. That'd definitely be legal and ethical as I'd pay for the phone, but still make money. I'm leaning toward calling AT&T, divulging the situation, and offering to pay for the phone.

[guzinta_00]

You can't be serious. You get a "free" phone from AT&T and then you post on an AT&T BB wondering if they might catch up with you if you keep it??

ummmmmm... Send it back. (IMHO)

[PAZwicker]

Yeah, yeah. I've forced myself to do the right thing. Must have been in the back of my mind the whole time.

[Kerry78]

Ring AT&T and tell them what's happened and send the phone back
U don't want nasty surprises lurking in ur bank balance next time u check that

AT&T might bill u for 2 separate accounts the one with ur already iPhone and
The other the one that turned up late!

Can you afford to pay $160 or more a month for 2 accounts?! Lol

Send it back and make sure you get a receipt at the Post office incase
They say they didn't recieve it back

[**rdn**]

I'm glad to hear that you decided to speak with AT&T about the error. What I think EVERYONE - including yourself- is forgetting is the reasoning around why you accidentally got this 'free' phone in the first place. While you did pre-order, you were unhappy with the extended wait time to get a phone, so you went into the store and got one that way. This discussion forum is blowing up with people all complaining about having to wait for a phone, and that it is very frustrating. I personally am more upset to think that there may be more people like you out there. We all want the new phone, but have to wait. I can now say that you are part of the problem- the shortage- the delay... You were fortunate enough to get one from the store AFTER you essentially reserved one and then actually got your reserved phone while others still wait! And what has this entire thread talked about? Whether or not you will have to pay for the phone, and how much profit can you make. How about returning the phone right away so that it is available for someone else that is waiting for their pre-order? How would you or anyone else feel if AT&T decided to say "Sorry we have no more phones to sell, but if you go to our Ebay site, you can easily get one for two times the price?" It's time we all face the fact that every time something like this is done we all lose.

[PAZwicker]

Well, you would have a point if I hadn't cancelled my preorder. Sorry you had to wait, but I didn't because I bought it in store. It's not my fault the phone still showed up.