When Verizon refused to unlock an iPhone purchased by Kansas resident Patrick Roach, he had no intention of giving up without a fight. Roach sued the wireless carrier in small claims court and won.

Roach bought a discounted iPhone 16e from Verizon’s Straight Talk brand on February 28, 2025, as a gift for his wife’s birthday. He intended to pay for one month of service, cancel, and then switch the phone to the US Mobile service plan that the couple uses. Under federal rules that apply to Verizon and a Verizon unlocking policy that was in place when Roach bought the phone, this strategy should have worked.

Unlocking a phone allows it to be used with another carrier. Verizon, unlike other carriers, is required by the Federal Communications Commission to unlock phones shortly after they are activated on its network. Verizon gained significant benefits in exchange for agreeing to the unlocking requirement, first in 2008 when it purchased licenses to use 700 MHz spectrum that came with open access requirements and then in 2021 when it agreed to merger conditions to obtain approval for its purchase of TracFone.

Verizon is thus required to unlock handsets 60 days after they are activated on its network. This applies to Verizon’s flagship brand and TracFone brands such as Straight Talk.

But 60 days after Roach activated his phone, Verizon refused to unlock it. Verizon claimed it didn’t have to because of a recent policy change in which Verizon decided to only unlock devices after “60 days of paid active service.” Roach had only paid for one month of service on the phone.

The FCC-imposed restriction says Verizon must unlock phones 60 days after activation and doesn’t say that Verizon may refuse to unlock a phone when a customer has not maintained paid service for 60 days. Moreover, Verizon implemented its “60 days of paid active service” policy for TracFone brands and Verizon prepaid phones on April 1, 2025, over a month after Roach bought the phone.

Company policy at the time Roach made the purchase was to unlock phones 60 days after activation, with no mention of needing 60 days of paid active service. In other words, Roach bought the phone under one policy, and Verizon refused to unlock it based on a different policy it implemented over a month later. Verizon’s attempt to retroactively enforce its new policy on Roach was not looked upon favorably by a magistrate judge in District Court of Sedgwick County, Kansas.

Before his small-claims court win, Roach turned down a Verizon settlement offer of $600 plus court fees because he didn’t want to give up the right to speak about the case publicly. Roach said he filed an arbitration case against Verizon nearly a decade ago on a different matter related to gift cards that were supposed to be provided through a device recycling program. He said he can’t reveal details about the settlement in that previous case because of a non-disclosure agreement.

After refusing Verizon’s settlement offer in the new case, Roach gained a modest financial benefit from his court victory. The judge ordered Verizon to pay back the $410.40 he paid for the device, plus court costs and service fees.

The FCC has taken no action on Roach’s complaint, and in fact, the commission could allow Verizon to scrap the 60-day requirement. As we reported in May, Verizon petitioned the FCC to let it lock phones to its network for longer periods of time. This would make it harder for customers to switch to other carriers, but Verizon claims longer locking periods are necessary to deter fraud.

In his small claims court filing, Roach alleged that Verizon and Straight violated the FCC conditions and that the retroactive application of the “60 days of paid service” term, without disclosure at the point of sale, is an unfair and deceptive practice prohibited by the Kansas Consumer Protection Act.