2 Way Wireless AKA Sprint Wireless Identity Theft Bait and Switch Trickery Deception Dishonest Threatening Fair Field California

Business Information:

Sprint Wireless Reseller

Headquarters
2 Way Wireless
4847 Hopyard Road, Suite 4-258
Pleasonton, Ca 94588

Alternate Address
1001 S Main St, Milpitas, CA 95035

Owner:
Brian Kramer
Website:
http://2waywireless.net

Domain Info:
Domain Name: 2WAYWIRELESS.NET
Registrar: NAMESECURE.COM
Whois Server: whois.namesecure.com
Referral URL: http://www.namesecure.com
Name Server: DNS2.NAMESECURE.COM
Name Server: DNS1.NAMESECURE.COM
Status: REGISTRAR-LOCK
Updated Date: 29-aug-2005
Creation Date: 24-aug-2004
Expiration Date: 24-aug-2006

Email:
marketing@2waywireless.net
brian@2waywireless.net

Telephone:
Other Phone Number: 408-836-5370

Reseller Location:
2 Way Wireless
1350 Travis Blvd, Space K-9012
Fair Field, CA 94533
707 421 0959


A formal complaint is filed with the California Department of Consumer Affairs - Bureau of Electronic & Appliance Repair. There website is: http://www.bear.ca.gov/

Bureau of Electronic & Appliance Repair
http://www.bear.ca.gov
3485 Orange Grove Ave
North Highlands, CA 95660
Complaints & information: (800) 952-5210
Licensing questions: (916) 574-2067
Service Contracts: (916) 574-2067
Policy issues: (916) 574-2069

Registration of businesses engaged in:
Automotive radio & stereo installation & repair
Automotive security system installation & repair
Cellular phone installation & repair
Combination electronic & appliance repair
Home entertainment electronics repair
Home office electronics repair
Major home appliance repair
Residential antenna installation & repair (includes satellite antennas)
Service contract sales
Service contract administration
For a copy of A Consumer's Guide to Appliance & Electronic Repair, call (916) 323-7239
*Bureaus and programs are under direct DCA authority; boards, committees, and the commission are semi-autonomous


Complaint Text Filed with California Department of Consumer Affairs - Bureau of Electronic & Appliance Repair



Consumer Victim: David Sylvian


Issue(s) Listing:

1. California Civil Code 1747.08 violation and Business and Professions Code

2. Display of Regulation Certificate: 2714. Each service dealer shall display in a conspicuous place the registration certificate issued by the Bureau at the place of business for which the registration was issued.

3. Verbal and written contract agreement violation.

4. Fines and Penalties

Issue Details

Issue 1:
Without my knowledge and understanding, the Sprint Authorized Reseller Merchant (not an actual offical Sprint Store) photo copied/scanned both my California Drivers License and my Golden 1 Visa Credit Card for there personal records. Note: No actual financial transaction occured. When I provided both items, I understood I was paying upfront for goods and sevices and making such provision for identity pursposes. Moreover, will be billed for goods and services directly via mail by the actual service provider (The Sprint Corporation).

My understanding is that this violates: California Civil Code 1747.08 which states " When a consumer pays with a credit card, the merchant cannot record any personal
information other than what is on the front of the credit card. (California Civil Code
1747.08)

It further states "What personal information can't a merchant collect when a consumer pays with a credit card? Merchants cannot request or require that the consumer write any personal information, including address and telephone number, on any form associated with the credit card transaction when the consumer uses a credit card to pay for goods or services. In addition, the merchant cannot ask the consumer to provide personal information that the merchant then records.
Merchants cannot use credit card forms with pre-printed spaces for personal information. Are there any exceptions? Yes. A merchant can, in certain limited circumstances, collect personal information including when: The credit card is used as a deposit. The credit card is used for a cash advance. The personal information is needed for something incidental but related to the use of the credit card. An example would be the address to which the purchased product is to be shipped.
A merchant is required by federal law or regulation.

Merchants can require a consumer who pays for goods or services by credit card to show identification such as a California driver's license or California ID. If these are not available, another form of photo identification can be required to be shown. But merchants cannot write or record any information from these documents.
Merchants can record the card holder's driver's license number or identification card number on any form associated with the transaction if the card holder pays with a credit card but does not provide the credit card.

An example is if you are at a department store and forget your credit card but want to charge something to your account. Some credit card companies such as MasterCard and VISA prohibit merchants from requiring additional identification when using their signed cards.

What happens when a merchant breaks these laws?
Merchants may be fined up to $250 for the first violation and up to $1,000 for each subsequent violation. In addition, the court can order the merchant to stop violating the law. If the merchant violates the law, the consumer can do the following:

The consumer who has paid with the check or credit card may sue the merchant in
small claims court. (In California, a lawsuit may be brought in small claims court for
an amount up to $5,000. You can only file two small claims court actions in the state within one year in which you ask for more than $2,500.)
If the consumer feels that the merchant has broken the law against many customers, the consumer may want to consult an attorney to bring a "class action suit."

Another option is for the consumer to make a complaint to the Attorney General, the District Attorney or the City Attorney. If several complaints are received, they can choose to sue the merchant on behalf of California residents in Superior Court.

Issue 2:
The business license is not in plain view and when asked verbally to show proof that they are a licensed establishment, the owner Brian Kramer simply refused to provided it, but rather stated he would terminate my service.

Issue 3:
Raymond Smith, Sales man, verbally agreed to provide me at no charge
1. Nights and Weekends starting times 6pm to 7pm Mon - Thurs and 6pm Fri - 7 a.m Mon
2. Waive Activation Fee
3. As a State Government Employee 25% off
4. Unlimited Sprint Mobile to Mobile
5. Grant, above and beyond the Sprint New Service Rebate $150, instant rebate on cell phone purchased of an addition $50. He specifically stated I would not have to file the paper work with the manufacture to receive said rebate.

Raymond did not follow through with the above.

4. Raymont threatened that should I terminate contract and elect to go with another Sprint Store or Reseller, that he will send me to collection to capture a fine in the amount of $150. Nowhere in the contract did I agree to such practices. When Raymond was advised that I had no knowledge of Reseller option. Raymond simply stated that this is something they can do. Nowhere can I find such a warning in writing. Nor did I agree to such a potential penalty. Upon service activation I was not forewarned that such a penalty and/or fine is a possibility. Rather, advised I have the right to terminate service for any reason within 14 days. Verbally, Raymond stated I have up to 30 days. This 30 day option is not in writing.

Remedies Sought

1. Pay fine to the state of Californiat in the amount of $250.
2. Adhere to California Civil Code 1747.08.
3. Adhere to Display of Regulation Certificate: 2714.
4. Honor Verbal and Written Agreements.
5. In plane view, I want to witness the destruction of my personal information
6. Assure that future consumers privacy rights are respected and protected.
7. Assure that future conumsers are reasonably protected from identity theft.
8. Do not overwhelm customers with paper work but rather patiently explain what consumers are agreeing too. In my case, I believed I was signing a contract with Sprint but rather was, according to seller, signing away my rights to privacy and protection from identity theft.
9. Do not capture either by photo copy or scan consumers identification and credit cards.

10. Fulfill agreement and at no charge:
a. Nights and Weekends starting times 6pm to 7pm Mon - Thurs and 6pm Fri - 7 a.m Mon
b. Waive Activation Fee
c. As a State Government Employee 25% off
d. Unlimited Sprint Mobile to Mobile
e. Grant, above and beyond the Sprint New Service Rebate $150, instant rebate on cell phone purchased of an addition $50. He specifically stated I would not have to file the paper work with the manufacture to receive said rebate.

11. Cease all threats to consumers.
12. All fines and penalties shall be conpicuosly written and verbally stated. Consumer shall initial such acceptance during contract signing.
13. Advise, especially when asked, consumers that there establishment is not owned and operated by Sprint Wireless but rather owned by a seperate owner (authorized reseller/exclusive reseller) with said own generated seperate and addition to Sprint service contracts.

David
Sacramento, California
U.S.A.

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