This Is Notice of Class Action and a Demand to Immediately Unlock
All Mobile Wireless Devices in the United States. To: Apple Sprint T-Mobile U.S. Cellular Third Party Computer Vendors of Mobile Wireless Devices
From: Lauren Paulson on Behalf of The Class Date: Tuesday, May 6, 2014 At all times material hereto, Apple, Sprint, T-Mobile, U.S. Cellular and other mobile wireless manufacturers, carriers and providers have conspired to engage in uncompetitive and illegal practices known as locking a consumers mobile wireless device (here telephones). Locking forces consumers to needlessly purchase a new telephone when switching mobile wireless device carriers. Consumers of mobile wireless devices do not know the device nor mobile wireless carrier services are locked when securing or purchasing said devices or services. This practice and these locking practices are an illegal collusive practice in restraint of trade in violation of the Sherman Act of 1890, Page of 1 5 the Clayton Act of 1914, the Federal Trade Commission Act of 1914, The Consumer Code For Wireless Service and the intentional violation of the Federal Communications Announcement dated December 11, 2013: in which there was a voluntary commitment among mobile wireless service providers on standards for policies on unlocking mobile wireless devices. Unlocking a device allows consumers to move their device from one network to another compatible network. Further, the CTIA-TheWireless Association is intentionally in violation of their own adopted standards on mobile wireless device unlocking and their said commitment thereto dated February 11, 2014 among other violations and laws in illegal restraint of trade. The above identified companies are in intentional and open violation of the aforementioned laws, consents, commitments and agreements causing known and unknown injuries to consumers such as Lauren Paulson, who is acting on behalf of the class of consumers similarly situated all to their damage in the amount of $10,000 each, or such amounts as are proved at trial. These consumers are also entitled to punitive damages in an amount of $500,000 or such amounts as are proved at trial for their failure to abide by the federal and state anti-trust laws because such violations are intentional Page of 2 5 notwithstanding said voluntary consents and commitments to cease said actions of locking mobile wireless networks and devices. These violations cause the ordinary consumer to lose their telephone service or incur costs of purchasing replacement telephones causing known and unknown damages to vulnerable consumers in need of EMERGENCY MEDICAL CARE and are unable to obtain needed medical care due to these illegal locking practices aforesaid. These parties have conspired with computer vendors known as Third Party Vendors such as Software Electronics of Portland, Oregon who would normally provide the unlocking of consumer telephones but refuse to do so because of the illegal acts aforesaid. Apple has colluded with said mobile wireless device carriers to lock said telephones and refuses to unlock these devices in clear violations of the antitrust laws, agreements, consents and commitments aforesaid. Lauren, (email from Apple dated May 5, 2014) I completely understand the frustration. #Apple only sells contracted iPhones with subsidies or Unlocked/Full Price iPhones without subsidies. #If you paid anything other than the full price (starting in the neighborhood of $649 for newer iPhones) for the device that would mean you received a subsidized price from the company who's Page of 3 5 contracted cellular plan you signed with. #That would require a "sim-locked" phone for that particular carrier.
The part that confuses me the most is that all resources I have utlizied (sic) state that the Sprint iPhone does not use the same radio bands as T-Mobile. #Essentially, the iPhone 4S you have was never physically intended to support T-Mobile's cellular technology, locked/unlocked aside. #Which is why I nd it interesting that the phone was functioning for you prior to this issue.
I understand that information does not resolve your issue. #In short, I would continue partnering with John from T- Mobile and even look into the loaner option he offered to get you back up and running.
Long term, you will have to consider getting a phone that is either unlocked for use on a GSM network (the technology T-Mobile and AT&T use) and/or purchase a T- Mobile specic iPhone. #You can looking (sic) into trade-in/ recycling options to recoup some value from your older Sprint iPhone 4S.
Regards,
Nick Deao Business Specialist Apple Store, Pioneer Place
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THEREFORE, THIS NOTICE IS BEING PROVIDED TO THE STATES ATTORNEY GENERALS, THE U.S. DEPARTMENT OF JUSTICE, THE FEDERAL TRADE COMMISSION, THE FEDERAL COMMUNICATIONS COMMISSION AND OTHER RELEVANT CONSUMER AGENCIES AND DEPARTMENTS. THESE ENTITIES ARE CHARGED WITH ENFORCEMENT OF ILLEGAL ACTS IN RESTRAINT OF TRADE AND THE ILLEGAL CREATION OF MONOPOLIES AND SUCH ORDERS SHOULD BE ISSUED TO IMMEDIATELY stop this illegal behavior and to impose necessary and proper remedies, and issue appropriate Orders or Consent Decrees to immediately cease and desist said illegal and improper locking or failing to provide unlocking activities.
Private civil suits may be brought, in both state and federal court, against violators of state and federal antitrust law. Federal antitrust laws, as well as most state laws, provide for triple damages against antitrust violators in order to encourage private lawsuit enforcement of antitrust law.
/S/ Lauren Paulson on behalf of the Class Contact: Lauren Paulson 827C Ransom Ave Brookings, OR 97415 503 470 9709 (not functioning since April 18, 2014 due to said locking) laurenjpaulson@gmail.com bulletinsfromaloha.org