Southeast Texas Record

Thursday, April 9, 2020

Man claims iPhone seller falsely advertised condition of phone, refuses to give refund


By Marian Johns | Feb 20, 2020

Talking on iphone 6
Wikimedia Commons/Mylesclark96

RICHMOND — A man is claiming he purchased a defective, refurbished iPhone 6 Plus that was falsely advertised as new without receiving a refund.

Denard McClairne filed a pro se complaint Jan. 7 in the Fort Bend County District Court against Cell Spa alleging false advertising.

McClairne purchased an iPhone 6 Plus from Cell Spa through the app Offered-Up on Oct. 12, 2019 for $170. He alleges the phone was advertised as "new" and "never used," however immediately after purchase, he discovered the phone was defective and had been refurbished. McClairne claims that despite returning the phone, the defendants have failed to issue a refund.

McClairne seeks monetary relief of $510 or more, interest and all other appropriate relief.

Fort Bend County District Court case number 20-CCC-066761

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Fort Bend County District Courts