Unlocking of NO CONTRACT or OUT OF CONTRACT iPhone [ Edited ]

[desighee]

Last year I bought an iPhone 4 paying the full price ($649) only to find out later that it can't be unlocked. Neither ATT nor apple will unlock it. When I travel internationally I am unable to use this phone on local carriers plans. I had to purchase phones locally to use and could not use the iPhone even though it works on GSM technology.

It is not even that I am out of contract and am asking for unlock. I was never in a CONTRACT, purchased a NO CONTRACT phone. Which neither Apple or ATT would allow me to use.  What did I pay $650 for? A phone, which I can’t use? How would you feel towards Apple and ATT if you were in my shoes? Office of executives in both the companies declined to help when I emailed them and complained about it.

I feel cheated because even after paying full price for a no contract

phone AT&T or Apple won't unlock it.

The least I can expect is fairness.

Contacting Apple

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I contacted Apple both in person on their store as well as via the support phone call on numerous occasion. Apple support personal tells me that the phone can only be unlocked by AT&T. I have even expressed that I am willing to pay a reasonable unlocking fee. I complained to Apple CEO Tim Cook, in a formal letter on 11/12/2011 and received a call from Suzan {personal content removed for safety}. Suzan told me that Apple can’t unlock the phone, iPhone as a hardware platform, they would honor if there were any issues with it, but they won’t unlock it even if it is a no contract phone.

Contacting AT&T

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ATT out rightly rejected any request to entertain, citing that it is their policy not to unlock iPhone whether with contract or w/o contract. I reached out to ATT CEO, Randall Stephenson with complaint. I was contacted subsequently by the ATT representative Mary HQ - Office of the President asking for my contact information. I subsequently received a call from Caron  who advised me that ATT can't do anything about it. She advised me to monitor websites such as "phone scoope" and "info gadget" to monitor news about iPhone unlock, since now FCC mandates that service providers should unlock the phones.

So what can I do?

After a length debate with both ATT and Apple and unable to comprehend the technical complexity in addressing my simple complaint I have lodged complaint with FTC , FCC as well as Georgia’s office or governor.

I called FTC to find out what are the next steps. I was told that filing a complaint does not guarantee that FTC will take it up. If there are enough complaints FTC will consider investigating the matter.  So here’s a list of all the government agencies which regulate this industry and you can file complaint against these companies here:

1. FTC: http://www.ftc.gov/bcp/

https://www.ftccomplaintassistant.gov/

2. FCC: http://esupport.fcc.gov/complaints.htm

If you are in the same boat as me or if you are out of contract and your phone is reduced to mere iPod status, I would urge you to file complaint with the government. 

 {link removed per guidelines}

[desighee]

http://www.informationweek.com/news/smb/mobile/225900093

{link removed per guidelines}

[desighee]

Unlocking Cell Phones May Get Easier

http://www.businessweek.com/technology/content/jul2008/tc2008077_567504.htm

[desighee]

I have also raised it at apple's discussion forum here:

https://discussions.apple.com/message/16765145#16765145

[dwill05]

Sorry, but you paid $650 for a locked iPhone that will currently not be unlocked either by Apple or AT&T. The only unlocked US iPhones are those that Apple started selling earlier this year as specifically unlocked. You can complain to the BBB, the FCC, State Attorney General, whoever, but I don't think you'll have much success. Neither Apple nor AT&T has unlocked a US iphone in the 4+ years of their existence and people have tried all of the above, [Per Guidelines:  Keep it Relevant and Appropriate].. Doesn't matter the price that was paid, doesn't matter whether it's under contract or not, no one has been successful. Maybe you will, but just wanted to let you know many other people have been down this road before

What does it say on the back of your iPhone 4 box? It should have an AT&T logo, plus say something about it being only usable with AT&T's service.

[johninsj ACE - Wizard]

Unlocked is NOT the same as Contract Free, although the price is pretty close to the same. Sorry, you should have done a little more research. Or complained within 30 days so we could have told you to return it and buy the unlocked one, not the contract free AT&T locked one.

[desighee]

[Per Guidelines:  Keep it Relevant and Appropriate].

I am looking at the back of the iPhone package:

Here are the details. No where AT&T says that it will not unlock the phone. The message is non descript about not unlocking the phone. And I did not sign any service contract with AT&T.

All it says that iPhone is configured to work with AT&T. That does not tell me that AT&T will not unlock it even if it is no-contract or if the contract has expired.

It is my right to complain to consumer protection agencies when I feel that there is unfairness involved in a transaction. After all who will protect small consumers from big corporations, if not the government? The system may be slow, but I do believe in the system.

I apologize if I posted something inappropriate inadvertently.

regards.

[Ryan_ATL]

Was it really necessary to create a new thread when there are already dozens of threads about the EXACT same issue?

Nothing has changed in the 5 years since the iPhone was introduced and it's unlikely to change anytime in the near future regarding iPhones and unlocking on AT&T.

[desighee]

johninsj,

Thanks for your post. Probably you are right, I should have done some more research. Neither the sales person nor the documents I got with the phone said anything about it though. I think it is important that AT&T should have explicitly stated that it will not unlock it even if it is no-contract phone. 

Is there any official post from AT&T that I should have known about?

regards.

[desighee]

Ryan,

Thanks for your comments. The reason I created a separate thread because I think I have a unique case. I don't know of anyone else who paid full price for the device and got a SIM locked phone from AT&T. Most people pay discounted price by signing 2 yr contract. I did not sign contract.

regards. 

[Ryan_ATL]

A simple search of the AT&T site using "unlock iPhone" reveals this.

This document on Apple's website lists carriers world wide and whether they offer unlocked iPhones or offer unlocking.

Your case is not unique, there are many customers that have purchased iPhones at full retail... millions in fact.  The original iPhone was only sold at full retail, there was never subsidization offered for that model.  Neither AT&T or Apple unlock any model of iPhone that was sold originally locked to AT&T.  Until earlier this year, there were no officially unlocked iPhones offered in the US.  Now Apple sells unlocked  versions of the 4 and 4S.

You have no case here.  This has been tested in court and the courts have upheld AT&T's right to refuse to unlock iPhones.

Basically it comes down to doing research prior to purchase.

[desighee]

Ryan,

Thanks again. I don't know about the court cases. Here's what turns out in my search:

http://www.wired.com/threatlevel/2008/05/supreme-court-o/

Passed in 1998 as an anti-piracy measure, the DMCA makes it illegal to "circumvent a technological measure that effectively controls access" to copyrighted material – in this case the firmware that locks a phone to a provider’s network.

Which cases are you talking about? What were the grounds on which AT&T argued? 

When I purchased the iPhone 4, AT&T was not the exclusive iPhone device provider. If exclusivity is the grounds on which they argued, then it does not hold.

Regards,

Vivek

[dwill05]

Basically I think the issue is that there is no law or anything else that legally requires AT&T or Apple to unlock an iPhone. As was noted, there is nothing on the box that says AT&T won't unlock an iPhone. However there is also nothing on the box that says they will, either. People make the mistake in assuming that just because it doesn't say they won't do something automatically means that they will do it. That's not the case. Also, the back of the box that you've shown says "iPhone is configured to only work with the wireless service of AT&T". The use of the word "only" seems pretty explicit.

People are free to unlock their phones on their own if they wish; it's not illegal. However, neither Apple nor AT&T are required to help you do it. It's a fight that has been going on every since the first iPhone was release. Unfortunately, so far Apple and AT&T have won every every battle.

[wingrider01 ACE - Geek]

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desighee wrote:

Ryan,

Thanks for your comments. The reason I created a separate thread because I think I have a unique case. I don't know of anyone else who paid full price for the device and got a SIM locked phone from AT&T. Most people pay discounted price by signing 2 yr contract. I did not sign contract.

regards. 

---

A quick search of all the "unlock my iphone" threads here would have shown you all the people that have posted that they paid full price  for theoir iphone and it cannot be unlocked, this is not a new arguement it is as old as the first Iphone 2 that hit the open market - as a matter of fact I believe every Iphone 2 that was sold was at full retail and not subscidized at all - those are not unlocked either.

As far as the case that excludes the iphone, took about 30 seconds to find on the net - check back around May 2010, text in the document specifcly excludes the iphone from any judgement nor is there any text regarding the temr "exlcusive" in relation to the judgement.

[desighee]

Ryan,

The people who bought the original iPhone may have bought the iPhone at full retail price, but they also signed a 2 yrs contract. In my cases I never signed any service contract with AT&T.

Another agrument you make is that since others are in the same boat and have been treated unfaily, it is ok and one should accept it and live with it.

I respectfully disagreed.

regards

[desighee]

wingrider01,

Thanks. I did not find any other case in my quick search where someone paid full price and did not sign service agreement.

Can you please point me to the link about the case/judgement.

regards.

[johninsj ACE - Wizard]

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desighee wrote:

johninsj,

Neither the sales person nor the documents I got with the phone said anything about it though.

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Here is where you are mistaken. It is printed on the sticker on the back of the box, which someone posted in this thread on page 1. You bought a phone that is locked to AT&T, and it is printed on the outside of the box as such. This is EXACTLY the LEGAL reason AT&T does not HAVE to unlock your phone, ever.

Because they disclose it.

[johninsj ACE - Wizard]

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desighee wrote:

Ryan,

Thanks for your comments. The reason I created a separate thread because I think I have a unique case. I don't know of anyone else who paid full price for the device and got a SIM locked phone from AT&T. Most people pay discounted price by signing 2 yr contract. I did not sign contract.

regards. 

---

No, actually about 95% of the threads are exactly your case, or a variant of "my friend bought me one for full price and shipped it to me as a gift...." There are a few people who want to have their phone unlocked for international use while travling (which I would love, but I know isn't possible, so I dust off an old world phone when I am overseas...)

[desighee]

johninsj,

Thanks. Can you please point me to one discussion thread where a person paid the full price and did not sign a contract. 

I did not purchase this from a third part store, but directly from AT&T. No one gifted this phone to me. I did not sign up for a service with AT&T. I don't know the details of what's in the two year contract. If AT&T explicitly state that they will not unlock the phone.

Regards.

[nottoday]

I've used an iphone for 4 years and recently upgraded to the 4s.  I've used my phone overseas, in Asia, Australia and New Zealand and I've made calls to those countries from the US.  Your tel number needs to be logged for international use.  Just call ATT - its free.  When I've used it in those countries, its via the local carriers.  Its expensive, but it works.  Regarding data, buy a plan for a month or more from ATT.

[wingrider01 ACE - Geek]

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desighee wrote:

johninsj,

Thanks. Can you please point me to one discussion thread where a person paid the full price and did not sign a contract. 

I did not purchase this from a third part store, but directly from AT&T. No one gifted this phone to me. I did not sign up for a service with AT&T. I don't know the details of what's in the two year contract. If AT&T explicitly state that they will not unlock the phone.

Regards.

---

Sorry does not matter, unles you purchased the speciflc unlocked model directly from Apple when they became avaiable there is nothing that is requiring them to unlock you phone.

As far as your request earlier check you PM's sent you about a half dozen links concerning this and a link to the exact  wording of the document

In the scan of the back of your phone box please note the first line of the Requirements it is interspersed all through the section that a service with AT&T is required, there are no exclusions for service with another carrier as being qualified, Now in case you missed it in the requirements section - here is the lock 

So as you can see it IS stated on the back of the box, per the scan that you posted in this thread, not sure if you missed it or just did not realzie what is meant.

[FredW]

Why is it so incredibly hard for people to understand.that at&t and apple will not unlock your phone.

Period.

End of sentence.

Those are the rules.

You are not a special case.

It won't be done.

End of discussion.

Get it through your thick skull.

Neither at&r nor Apple will unlock a locked phone. Apple will sell you an unlocked phone, but if your phone is currently locked, it will stay that way.

[brainwaver]

Because every Tom, D(i)ck and Sally think their case is unique! 

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FredW wrote:
Why is it so incredibly hard for people to understand.that at&t and apple will not unlock your phone.

Period.

End of sentence.

Those are the rules.

You are not a special case.

It won't be done.

End of discussion.

Get it through your thick skull.

Neither at&r nor Apple will unlock a locked phone. Apple will sell you an unlocked phone, but if your phone is currently locked, it will stay that way.

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[FredW]

Yes, that #4 seems to be one that people have a problem with.

[desighee]

The statement by itself can't be interpreted to imply that AT&T will not unlock the phone or allow me to use it the way I see fit.

[desighee]

Who made those rules? I don't care whether my case is special or not. All I ask that the corporations adopt more friendly customer policies and least be fair in their dealing with customers. 

If your argument is that AT&T and Apple just because they have never done this before and this norm should not be questioned even if wrong, your argument is flawed.

[desighee]

You are missing the point. I feel wronged, whether there are 100s or thousands of people in same boat as me it does not matter.

[wingrider01 ACE - Geek]

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desighee wrote:

You are missing the point. I feel wronged, whether there are 100s or thousands of people in same boat as me it does not matter.

---

Sorry the only one missing the point here is you - some basic research before purchase would have answered everyone of your questions and concerns.

You only option right now is to fleabay the current unit and then take the proceeds and go to a apple store and purhcase onethat is unlocked, or go to sprint / verizon, get oneof their iphones and in 60 days you can unlock it for international use only. In the forseeable future theATT Iphone will not be unlocked, full retail or subscidized cost, the only 4 and 4S that is avaiable is directly form Apple.

you may disagree with the rules and feel wronged, but no one every said that things where fair in the real world. In the upcoming years the ATT iphones maybe unlocked but for right now it is not possible. I take it you saw the PM with the links showing the execptiions that where granted for ATT in regards to the Iphone? Those are a good starting spot

[21stNow]

I think that everyone on the board gets that  you feel wronged, and some of us can even sympathize with you.  However, the facts are not on your side.  Because of the statements that are on the bottom of the box that you posted, the use of the phone is bound by AT&T's Terms of Service.  The Terms of Service are separate from the Terms and Conditions that apply to contracts.  Every one who receives service from AT&T or a device that is designed to receive AT&T's service is bound by the Terms of Service, regardless of contract status.

The relevant section of the Terms of Service, from section 3.1, is below:

"If you bought a phone from AT&T, your phone may have been programmed with a SIM lock which will prevent the phone from operating with other compatible wireless telephone carriers' services. If you wish to use the SIM-locked phone with the service of another wireless telephone carrier, you must enter a numeric Unlock Code to unlock the phone. AT&T will provide the Unlock Code upon request to eligible current and former customers, provided that (1) the customer has completed a minimum of 90 days of active service with AT&T, is in good standing with AT&T and is current in his or her payments at the time of the request; (2) if applicable, any period of exclusivity associated with AT&T's sale of the handset has expired; and (3) AT&T has such code or can reasonably obtain it from the manufacturer. For phones sold with a Prepaid Plan, AT&T will provide the Unlock Code upon request to eligible current and former customers who provide a detailed receipt or other proof of purchase of the phone. iPhone and certain other devices are not eligible to be unlocked. For further details on eligibility requirements and for assistance on obtaining the Unlock Code for your handset, please call 1-800-331-0500 or visit an AT&T company store."  

The emphasis is mine.  The owners of "certain other devices" may have a reason to feel wronged, because that statement is vague.  However, iPhone owners are addressed explicitly, and the reason for any confusion falls back to the iPhone owner, not AT&T.  Since Apple refers you to AT&T on the back of the box, Apple is also not responsible for any confusion.

[archermoo]

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desighee wrote:

The statement by itself can't be interpreted to imply that AT&T will not unlock the phone or allow me to use it the way I see fit.

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I don't see how it can be interpreted to mean anything else.  And further down it explicitely states "Service plan with AT&T required for cellular network capabilities".  What part of that do you find ambiguous?  It makes no mention of that requirement being temporary.  It clearly states that to be able to use the cellular network capabilities of the phone that a service plan with AT&T is required.

I'll agree that it would be nice if they were willing to unlock phones.  And I would certainly support legislation requiring that cellular companies unlock equpiment that is no longer (or never was) under contract to them.  But that legislation doesn't exist, and they made it clear on the outside of the box that to be able to use the cellular functions of the phone you need service from AT&T.