Charged a broken device fee for a device not broken when sent.

Question

I needed to start communication with others in the community about my most recent transaction with Verizon, dating back to the start of January 2014. I have been a customer (with full subscription) of verizon wireless since 2010. My most recent transaction has been extremely unsatisfactory and has completely turned me off to renewing my contract with Verizon when it is complete.
I opened a new line in November of 2013 in order to slowly phase into a phone number with an area code that matched my current living situation. I also wanted to enjoy a new phone, as my S3 had been slowly letting me down. My choice was the LG G2, which is a great phone with the exception of the first two that Verizon sent me had a major flaw, in which the phone would enter a lock loop, when I tried to open the phone up to use it. The issue happened over 50% of the time, and I had to wait several minutes in order to get the phone to work. Verizon, did what I thought at the time, was a very good job handling the issue and shipping me out replacements both times, finally landing on a 3rd LG G2 that did not have the issue.
I received an email a few weeks later that I was being assessed a $299 fee for a broken device. I immediately reached out to Verizon to find out what the heck was going on. I did not send in a device that had any physical issues, and only known issue is that aforementioned problem with the lock loop, which Verizon admitted was a manufacturer defect and replaced it. I spoke with a rep who assured me he was on my side and would help me rectify the problem. I went through almost an hour of communication until he told me that he would have to do more research and get back to me. The only thing I received was an email showing me a phone with a large singular crack down the middle. This is either not my phone or the crack happened off of my watch. I don't think I should be held responsible. Am I wrong here? I have been relatively pleased with Verizon and I don't mind paying a premium because they seem to have good service. I do have to say that this is completely unfair, and out of the principle of the issue I wouldn't renew my contract with Verizon, This is a shame for them, or I would hope, as I have two current lines and just got engaged which would mean my fiance would sign on with me at the end of her contract. I am certainly thinking of going elsewhere now.
I have spent a lot of money with these guys, and this seems like almost blatant robbery. If the cost made sense I would want to pursue the issue in small claims court. I am that insensed. At this point I started a new line to get a new phone and ended up paying more than retail for it, now I am saddled with another two year contract AS WELL AS having paid full price (now with a $299 fee) for the phone. I broke a screen once with my Samsung S3 and it cost me $100 to fix. I  would have NEVER sent a broken phone in to get charged $300 for. I have to say I am extremely dissapointed. Safe to say once I stroke that check Verizon will have officially lost a customer.

Answer 1

Here is the problem. Verizon sent you a label to return the device via a carrier of their choosing. USPS or FedEx or UPS
when you packaged it there is a certain responsibility that it is packed securely.
Now having said that there can be a doubt; that the device was damaged by the return carrier. But that is an uncertainty, and it would be a decision for a court to decide.
You can file a small claims case against Verizon wireless and ask for the $299 plus the filing fees and the amount you lose from work per hour and then have Verizon prove that the photo was actually your photo.
Please be aware just showing a picture will not sway a judge to believe Verizon. They will get statements from employees at the return center attesting it was damaged in the return box.
However your best defense will be to explain to the judge there is no proof that the damage was your doing. In that it could have been the return carrier. Or the return center.
You may prevail. But it will take a little work on your part.
Verizon will more than likely contact you prior to the court date to settle. If they do settle with you, get the settlement in writing first and for the full amounts. Do not agree to arbitration and if the settlement does not meet your needs simply refuse and go to small claims court.
I wish you, Good Luck