Small Claims required to reclaim stolen phone from Apple?

sfinac

New Member
iPhone was stolen from me at violent in broad daylight. Police report made on scene of crime. Apple and AT&T alerted about my phone - assured that my phone is now bricked and easily identified as a stolen phone if found. A few days later, I discover that someone had used my AppleCare+ to REPLACE my stolen phone with a new phone - I then waste a few hours on Apple Support to find out where and when this happened. Outraged, I emailed Apple's CEO. Apple confirmed possession of my stolen phone but refused to return my phone and claimed they didn't do anything wrong because they simply "provided service based on warranty." They also won't make amends to make sure that thieves won't be able to continue abusing their system this way!

This whole incident has been one outrage after the other, but I want to make sure the right thing is done. Do I need to take this to small claims?

Location:
Phone was stolen in California / San Francisco
Phone was brought to an Apple Store in New Hampshire and the thief supposedly paid $79 to abuse my AppleCare+ to get a new phone from my stolen phone!

I'm a consumer/victim in this case.

Apple makes iPhones and ridiculously the thief (or whomever benefited from it) who stole my iPhone (in California) took my stolen phone to a store (in New Hampshire) and redeemed it for a new phone.

By this time, this phone was IMEI locked by carrier and activation locked by Apple (and also police reported). Apple knew this was a stolen phone but accepted the thief's $79 to replace it with a new phone under AppleCare+.

I called up Apple (in California) and went all the way to their CEO to find that while they confirm possession of my stolen phone (public record, searchable by serial number), they refuse to return it and also claim Apple did not do anything wrong in accepting money for the exchange of stolen property because, in this case, they were "providing service by warranty" (which I paid for).

Thoughts/advice?
 
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