T-Mobile Offers No Returns On MyTouch LE Fender

Capture_wm

One of our ninjas just hit us up with some bad news for those of you that purchased a Fender myTouch 3G. T-Mobile will not, I repeat, will not offer returns on the myTouch LE Fender. According to T-Mobile the myTouch 3G LE Fender is not eligible for returns even during the Buyer’s Remorse Period. Apparently all Limited Edition handsets cannot be returned. So that means, one you purchase it, you’re stuck with it, that is unless you throw it up for sale on eBay where you might have a slight chance of getting rid of it. Of course the myTouch Fender Edition will still include a 1 year warranty. Well that’s it for now. Leave your thoughts and opinions in the comments!

Tags: , , , ,

  • db

    is this because the new version of the mytouch is coming out soon? i was really hoping that i could trade in the one i bought in august for the model with the headphone jack…

    • God

      No.

      It’s probably because of the copyright content that’s included in the Fender edition. Just like you can’t “return” a music CD, the content that’s included on the Fender MyTouch changes things for return policies…

  • Mega G

    SCREW THAT! I’ll wait for T-Mobile to carry the iPhone.

    • FILA

      Id slap the hell out of you in real life

  • Dallas

    Isn’t this a standard issue with any of T-Mobile’s Limited Edition phones, i.e the Tony Hawk Sidekick?

    • Kickstar13

      Yes, yes it is.

  • http://charlieboy808.com charlieboy808.com

    I’m guess because it is a limited edition phone and that “there is no subpar” replacement available to replace it with.

    I’m guess they don’t want to confuse consumers with the original myTouch 3G with the new v1.2 coming out. I work in the tech field, people get confused when they have to change their login password after 90days.

  • just some dude

    They don’t want returns on this because it wont sell to begin with, its a no brainer. they just want at the end of the day to say “good for us we sold “#” units.

    • CO_Yeti

      I didn’t think this would sell either, but people really like it. Try finding one in a store, its pretty much impossible.

  • Patrick

    Actually, I wonder if there are legal issues with the “buyer’s remorse” period. I believe there are federal statutes that restrict how quickly a return period can be, including whether or not there can be one …

  • Galen20K

    This isn’t new, limited editions have always been treated as such.

  • Richard

    Isn’t it against the law to void the buyers remorse period?

  • RockTripod

    @just some dude – Shut it! This is the policy on every limited edition device that T-Mo has ever launched. While I doubt this refresh will truly re-invigorate MyTouch sales, T-Mo isn’t accepting returns just so people have to keep them. You’re just making stuff up, and you sound ridiculous.

    • just some dude

      @Rocktripod

      Ok so lets close this issue, so tell me RockTripod why is tmobile not accepting returns on this?

      • Kickstar13

        @just some dude
        T-Mobile does not accept returns on Limited Edition handsets.

  • se30chris

    No it’s not against the law when the company you’re buying it from says ALL SALES ARE FINAL.

    • ItsMichaelNotMike

      There’s Just Some Dude with a nonsense post. Sheesh… what a waste of space.

      I have familiarity with contracts and all (since I teach the class to law students, LOL).

      Those of you saying that T-Mo can sell the phone under any terms it wants are absolutely correct. Freedom of contract is a legal principle that has been around since the days of old England and Great Britain, the 1600s.

      What that means is that people (seller and buyer) can agree to any terms they want, short of the contract being illegal (such as drug deals, prostitution).

      But that should be a hint, “illegal.” The question is, is there a federal or state statute that prohibits T-Mo selling the phone under a no returns policy? I dunno since I have never looked up the laws.

      But there’s two laws T-Mo has to abide by, fed and your state. Under the Fed I don’t know if a carrier is prohibited from any policy or contract term that circumvents number portability. I don’t know if a phone sale is covered under that.

      As for state law, it all depends on the law of your state. Here in California we have the 30 day buyer’s remorse period. Does California law have an exception to “limited edition” or “special edition” phones? I dunno.

      Does California allow a carrier to implement a contract term that says “no buyer’s remorse” on this device?

      And most important, does buyer’s remorse apply to handset sales or only for service? I suspect that buyer’s remorse applies ONLY to service. The only reason it seems to apply to handsets is because when one buys a handset that usually includes new service, so the handset gets bootstrapped into the remorse period.

      So bottom line, I suspect that if one buys the handset with new service, he or she can return the phone. If one is simply getting an upgrade phone, on existing service, no returns are allowed and that’s legal because it’s not new service and buyer’s remorse does not apply to phones.

      Interesting. I might give that as a problem for students to research and answer. It’s a perfect example that they can relate to, contracts affected by govt. regulation, one of the few times that freedom of contract may not apply.

      • Scoring

        You must be really bored today. It’s not that serious friend. One person made one dumb comment and you practically write a whole other blog. Cut down on the caffeine, MIKE.

      • just some dude

        @itsmichaelnotmike

        “So bottom line, I suspect that if one buys the handset”

        You suspect? that does not instill confidence in your answer PROFESSOR!

      • Not the Original Mike

        Your in-depth analysis rocks, and was interesting to know how it really works.

        Those who don’t care for the length can just scroll by.

  • Richard

    Interesting since I just upgraded my wife’s phone line with this tonight and the loyalty rep I spoke with didn’t mention anything about it.

    I’d call that breach of contract should she decide not to keep it (which she probably won’t)… and they have the phone conversation to prove that it wasn’t mentioned. Of course he also forgot to go through all the legal junk they normally do as far as mentioning this also lengthens her contract by 2 years again.

    The guy was really off his game and I intend to fully take advantage of it since it’s his mistake.

    Such is the price of doing business.

    • ItsMichaelNotMike

      Richard… that’s fine. If they make mistakes then there is no obligation for us to fall on the sword. Lord knows we get the shaft enough it’s nice to be able to turn the tables once every so often.

      That said, there is no way that they can cover everything on the phone. To address this reality, usually they make sure to say that you agree to be bound by all the terms and conditions that will be sent to you.

      Also, there’s usually a contract term somewhere that says you agree to the written terms and conditions and that what is said on the phone is not controlling. This is because everyone screws up on the phone.

      CSRs are not lawyers and just average folks. To expect them to cover all the company’s bases is unreasonable. That’s why they have the rule about what is in writing controls, not what a CSR says. And that writing will be in an e-mail to you, plus in the box with the phone (where it says on opening the box and activating the phone signifies acceptance of the deal).

      In fact, I may be in advantageous situation because of that rule. They changed my service last week to the More Plus and said I had to confirm the change in an e-mail they would be sending. Well I called twice to say no e-mail received and I still have not got it.

      So they don’t have my signature agreeing to the change. End of story.

      But I am like you, I want the BB 9700 and don’t expect to return it. In fact, I can’t recall ever sending a phone back. I have always liked them. :)

      • Scoring

        Has anyone ever told you that you have the same accent as the Comic Book Guy from the Simpsons? I was just wondering, because that’s what I hear when I read your words.

  • benjitek

    The must know it’s a dud…

  • JBLmobileG1

    All I can say is…. goto a Tmobile store and play with it before you think about buying it. Also THINK about all the Awesome phones coming to Tmobile soon and ask yourself… is this the phone I want for atleast the next 12 months? Even if you just go and play with it… like all things… if its better than what you currently have you may want to pick it up. But like I said…. remember there are better phones coming out in only a few months that will have yourself banging your head on the wall and saying “WHY didn’t I just wait”!

  • ItsMichaelNotMike

    OK, I looked it up, appears that the “buyer’s remorse” law in California applies ONLY to service, not handsets. So T-Mo can do this.

    “The Consumer Bill of Rights includes the right of consumers to cancel without termination fees or penalties any new tariffed service or any new contract for service within 30 days after the new service is initiated…”

    • just some dude

      buyer’s remorse laws differ from state to state. your making a blanket statement. we do not all live in CA. Man people in California are dumb

      • ItsMichaelNotMike

        Just Some Dude… I said it depends on laws in YOUR state. I was only using California as an example, since I am here, not where you are.

        I was not making a blanket statement.

        By the way, check out YouTube, they have a video for you.

      • ItsMichaelNotMike

        Just Some Dud … see where I say:

        “As for state law, it all depends on the law of your state…” And the qualifier/limitation phrase: “Here in California …”

        (By the way, I am not posting this for you. I simply don’t want others to misunderstand my posts because of your thread crapping. It’s important that readers understand that they need to check the laws of his or her state to find out what is what.)

        And in that regard, I suspect that other states’ laws are less protective than California. In other words, if California does not extend buyer’s remorse to handsets, I doubt other states would allow such.

      • just some dude

        It just amazes me on how much time and effort people are putting in to this thread, Tmobile just wants to make this thing sell simple as that. They are trying to create demand so the stock they now will not move.

  • sorandkairi
  • Scoring

    I say if you’re dumb enough to buy this phone to begin with, you deserve to be stuck with it.

    • ItsMichaelNotMike

      Sheesh… the rudeness of some people. Just because you don’t like it and think it is ill conceived, that makes anyone who wants to buy the phone an idiot or dummy?

      What a bunch of self-centered morons and mental slobs. I suppose you think everything you have is the last word on being cool. Yeah, you know all, and Eric Clapton, T-Mobile and their employees are all idiots. Gee, I bet they get up every morning wishing they could be you instead of who they are.

      Go back to flipping hamburgers and quit posting these kinds of comments on the Net. Besides, it’s rude to bitch slapping those people on here who said they bought this phone.

      Besides, who says that any of these people are wanting to return the phone. This was simply a note that the phone had a no-return policy. So saying if you are dumb enough to have bought the phone you deserve to be stuck with it is relevant and evidences you are the dummy.

      By the way, what phone do YOU have. Fess up so we can comment on it.

      David should be removing your insulting worthless comments. They add nothing to the discussion and are equivilent to you taking a crap on a public sidewalk.

  • shawn1224

    I tried to order this phone yesterday online but I couldn’t get the installment plan right so it got canceled. Wow, am I lucky.

    It must have been a sign from the smartphone gods

    • sorandkairi

      LOL, Smartphone Gods,… thats actually funny!

  • phonegeek

    that sucks i figured something like that would happen

  • xclntgig

    Yeah, they don’t want everyone to return their MyTouch LE when Apple announces that T-Mobile will be its newest carrier for the iPhone.

  • smiley

    translation: we know it’s a piece of crap… you keep it.. you touched it last…

  • t-beat

    WTF you are TOTALLY wrong and what is amazing is you have the streaamline article right there. Tmo will not allow the device be returned during buyers remorse however if there is something wrong with the device it CAN be exchanged for a replacement. So no onw is “stuck” with it as you claim unless they want to return it during remorse time frame. btw OLD NEWS. This was released 10 days ago to Tmo employees!

  • FILA

    well anybody stupid would try to return it, if you bought it in the first place. Wait for the MyTouch 1.2 to come out

    • t-beat

      Why wait? It will be the same RAM & ROM and the Fender comes with a 16gb sd card the MT 1.2 will not.

  • sean connery

    It’s a nice looking phone and i’m glad i got it. It’s a great phone that works well and does what i want my phone to do.

  • rushmore

    Buying three year old hardware in a genuine plastic wood finish case is more controversial than the return policy. You people THAT superficial to buy this poor attempt to bleed excess MyTouch stock? ;)

  • sean connery

    Well F me for buying a phone i liked. I guess I’m a retard. I should of bought a phone everyone else liked and I guess I’m a fool for going on my own. I have seen the error of my ways and I’ll be a good little sheep from now on and follow the flock. @ Rushmore what does “You people THAT superficial to buy this poor attempt ” even mean?

    • ItsMichaelNotMike

      Sean… based on what I saw on Engadget, congrats. That is the best limited edition phone I have ever seen. Fantastic buy.

  • http://none bitemyapple

    @Sean Connery lmao…my thoughts exactly. Tell em to go play in rush hour traffic.

    • marble

      As a simple guitar player who doesnt sleep with his phone or need it to be my significant
      other, I think i found the coolest phone ever. It’s a PHONE. that’s all it is. I liked it so much,
      I got TWO of them. One to use as a PHONE and one to replace it when it meets it’s end
      as we all do hopefully in the distant future. In fact, I’m getting an extra non fender charger
      so i dont thrash the one I have. How do you guys like that? I LIKE the little brown plastic
      phone even if, as some of you genuises say, It’s dumb or old or obsolete in a pretty case.
      Rock On Fender and you too, t-mobile, Two companies who have never pissed me off.
      By the way, this thing is such a chick magnet, I had to buy another one for my wife.
      What do some of you EXPECT in a phone? I just cant imagine.

    • marble

      just found out that t-mobile customer service can turn up the volume of the earphone remotely
      if you tell them to (further than you can yourself) It made a HUGE difference. Especially to us
      deaf guitarists. take note, sean, pete, david, jimmy, ted ,robert and anyone else who’s left ear is only there for balance. Any of you geniuses know what would happen if i ran an rca to 1/8″ adapter from ,say, (tip, ring,other ring,sleeve?)from my reverb driver on the fender twin to the input on the phone instead of the reverb pan spring assembly. My guess is i’d have to add a blocking capacitor at LEAST. How
      would I then listen to the input? on speaker phone? I guess I walked into That one. any ideas?

  • ItsMichaelNotMike

    Engadget has some nice pics of the Fender phone. If I was a collector I would buy this phone because it is really cool. (I have too much stuff and I have to get rid of things, otherwise I’d buy it.)

    T-Mo said it is a collectors item and I can see why. They did this thing up from the box, the bag, and the earphones.

    But if I bought it I would never use it. The value will be in the phone being in mint condition.

    http://www.engadget.com/photos/t-mobile-mytouch-3g-fender-limited-edition-hands-on/#2660776

  • Anonymous

    the reasont some people love and AHDORE this phone is because they know the classics when they see them! the fender isnt a new brand of phone or something, its not even an upgrade, its not MENT to be an upgrade! its just like if u got to the store and buy a muffin and theres another muffin that the same exact kind/brand except it says w/more chunks of chocolate (or w.e)! the fender is meant so people can have the mytouch 3g AND the fender mytouch so the musicans have a phone that conqurs their needs. its not for any ol person to have, lookin for a upgrade. so dont get rid of your mytouch 3g/ hand in your old mytouch for the mytouch fender. its a collectable phone and a classic so people dont diss on it iff ur just looking for an upgrade.

  • Mike

    I would like to know how many of these “LIMITED” phones are going to be produced….anyone know?

  • http://smileyfaceclipart.net/ Smiley Face Clip Art

    Did you know that emoticons actually play quite an important role in online communcation, since 90% of human communication is NON verbal!