Verizon’s “argument was pretty weak”
Roach said he did not consult with a lawyer on his small claims case, instead opting to do it all himself. “The first time I showed up to court for the original date, they asked for proof of the returned mail summons, and I did not have that,” he said.
The court hearing was rescheduled. When it was eventually held, the carrier sent a representative to argue against Roach.
“Their argument was pretty weak, I guess,” Roach said. “It was basically like, ‘Well, he didn’t pay the two months of service, so we didn’t unlock his phone. We offered him a settlement but he rejected it.’… My argument was, yeah, the terms had changed in kind of a consumer-unfriendly way. But beyond that, it was the fact that the terms had changed from something that was legal to something that was not legal with the federal regs. So regardless of the fact that the terms had changed, the current terms were illegal, which I thought was my strongest argument. And then I also put in that it was probably a violation of Kansas consumer protection law, which I’m glad I did.”
Roach said that toward the end of the hearing, the judge indicated that she couldn’t make a judgment based on FCC regulations and would need to rule on what the Kansas court has jurisdiction over. She issued the ruling that Verizon violated the state’s consumer protection law about five or six weeks later, he said.
Given that the FCC hasn’t acted on Verizon’s petition to change the unlocking rules, the federal regulations “haven’t changed at all in regards to Verizon’s obligation to unlock devices,” Roach said. He believes it would be relatively easy for consumers who were similarly harmed to beat Verizon in court or even to pursue a class action.
“I would think this would be a slam dunk for any further cases,” Roach said. “I don’t think I have any grounds anymore since my damages have been resolved, but it seems like it’d be a very easy class action for somebody.”
