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I have a new iPhone and the user accidentally erased the old phone before setting up the new phone so they are unable to access Apple ID because they do not have access to their old trusted device
iPhone SE (Gen 3)
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If the current owner of the iPhone is unable to clear the Activation Lock, the iPhone is now and will remain useless to you.
Return it for a refund.
They can try to use the following to try to regain access to the Apple ID:
If you forgot your Apple ID password - Apple Support
If you forgot your Apple ID - Apple Support
How to use account recovery when you can’t reset your Apple ID password - Apple Support
Contact Apple for help with Apple ID account security - Apple Support
The other option for clearing the Activation Lock is an original purchase receipt from Applw or an Apple authorized reseller showing the serial number or IMEI.
We can’t help clear Activation Lock. Without proof of ownership, Apple won’t.