Expert: Denny Adams - 4/3/2010

Question
Hello,
I hope you can help me. I purchased a Nokia E71X from a person who had switched his phone to a Blackberry. I am sending the phone to my cousin in the islands.
When I try to get AT&T to give me an unlock code as they use a different GSM (900), they tell me they can't because the phone could be in use or stolen.  I called the seller and he refuses to call AT&T as he claims that in a Blackberry they would charge him $30 more a month.  I explained to them that the person switched phones and does not want to call them as they would charge him, and even then, they refuse to give me an unlock code.  I got lucky and a second agent (had to try) in so many words told me that yes the phone of the seller is tied to the phone he sold me but they cannot do anything unless he calls.  I'm sure they can also verify that he's using a Blackberry!  My husband told them that we would call the Attorney General as they can see we're good customers and are trying to do things the right way, even if the seller is obviously not been honest with them.
Anyway, I read that unlocking can be up to 49.95.  This is extremely unfair that AT&T knowing he's not been honest will not give me an unlock code for a phone that is now worthless to me as who knows if it's even in a black list.
Would you please help! Any suggestions are very appreciated.
Thanks in advance for your time.

Answer
Amy, I will provide you the answer, however, you won't like it and I wish i could answer you better.  The person you purchased the phone from should return your money.  AT&t is correct as this phone is still on this person's account, they cannot give you the unlock code.  If you really want to try, and if you also have att, you could put that phone on your account and then get the unlock codes by saying you are traveling overseas.  Once you get the codes you could switch back. The only potential problem with that is the fact that there are probably notes on the account that you already tried to get the code.  For the person that you bought it from, you can let them know that att sweeps accounts looking for people that put their sim cards in phones without having the $30 plan, and when they do, it will automatically be placed on their account.  purchasing an unlock code can be risky and it doesn't promise it to work.  As long as that phone is showing on that persons account it's going to be hard to get the code. This is in place to protect people from messing with other peoples accounts, phones, and anything else.  my suggestion is get your money back.

Denny