Saturday 15 June 2024

The Voice - Consumer's Voice

Is this phone new?

On the 6th June, I bought an iPhone 11 Pro for P6,200 from a shop on Facebook. I transferred the money to them and have proof of payment. The phone was collected by my friend on the 6th June 2024 and couriered it to me and it arrived on the 7th June 2024. I called the man I had spoken to and told him that the phone refuses to register on iCloud and the camera flash on the back is a bit burnt and the back cover was chipped. The screen was flickering, and as someone who has had a phone screen replacement, I informed them I know that's how a replaced screen acts. They didn't even deny it, they said that customers must have damaged it while testing it, which I followed up by asking how since the phone was sealed. I got no answer to that.


I think the time has come for the authorities to investigate the cellphone sales industry. I know that there are legitimate, respectable and honest dealers who sell good quality phones but there's also a community of dealers who are crooks.

We've heard so many times about people with stories the same as you and readers of The Voice will know about this too. The story is very often the same. Someone buys a slightly older phone and very quickly suspects that it wasn't really new. For example, the latest iPhone is version 15 and the iPhone 11 series was first released in September 2019. So if you buy an iPhone 11 today you have to ask where it's been for the last few years? Was it sitting in a warehouse waiting to be bought or was it already being used?

In your case, like so many others, there are clues that this phone was previously used. Firstly there's some damage to the camera and the case is also chipped. Then there's the issue with iCloud. All Apple devices try to connect to the Apple iCloud service as soon as you unbox them and it's a remarkably simple process. Any Apple device that can't do this has something wrong with it.

I contacted the store and they promised to examine the phone when they get it back from you. I also asked them if they sold second-hand or reconditioned phones? Eventually they said the phones they sold were"
"Brand new sir. Sometimes we have pre owned. But not always." 
So they do sell used phones, they admit it.

It's really important to note that there's nothing wrong with selling and buying used phones. In fact it's a good idea. Most of us would be perfectly happy to buy a slightly older and cheaper phone. But stores need to be honest about this. Section 5 of the Consumer Protection Act says that they must be honest about whether "goods are new or reconditioned". Section 13 says that a supplier must place "a label on the goods that indicates that such goods are used goods" and "a notice on the invoice" they give a customer. It goes on to say the penalty for not doing this is a fine of up to P50,000, three years in prison or both.

The bad news is that many cellphone stores either don't know about this or perhaps they just don't care.

When was the last time you heard about a cellphone store owner being fined P50,000 and being led away in handcuffs to prison? It hasn't happened. But it needs to. We need to see this happen and then the word might spread. Then we might see these stores behaving better and not ripping us off in the way they've been doing for so long.

So here's a plea. To the Competition and Consumer Authority, please accept this article as a request to launch a comprehensive investigation into the cellphone industry. The Authority will remember that Section 29 of the Consumer Protection Act says that a "consumer, class of consumers or consumer organisation may lodge with the Authority a complaint against violations of the provisions of this Act."

Over to you. You have the support of Consumer Watchdog and readers of The Voice. And the shady cellphone stores need to know we've had enough.

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