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From: JKOSS00@ricevm1.rice.edu (Jordan Kossack)
Newsgroups: comp.dcom.telecom
Subject: Anti-Slamming Regulations
Message-ID: <14064@accuvax.nwu.edu>
Date: 26 Oct 90 06:51:37 GMT
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X-Telecom-Digest: Volume 10, Issue 766, Message 7 of 9


In article <13795@accuvax.nwu.edu>, Patrick writes:

- [Moderator's Note: Except some legal beagles contend that by lifting
- the phone receiver and dialing the desired digits you were in fact
- requesting or soliciting the service. By failing to dial the 10xxx
- code on the front, you are requesting the service from the 'default'
- carrier, which might not be the carrier you want. To insure you get
- the one you want, you can always dial 10xxx. So, the legal beagles say
- you can sue the carrier who wrongfully took over the default on your
- line, but they in turn can sue you for not paying for the calls they
- handled for you.  I guess it washes out.   PAT]

     I wonder if anyone has tried to sue and if so, whether they won
the case.  I suppose the best course of action would be to:

1)  Pay the bill but write "Paid under protest" or something similar
     on the check so they couldn't use the fact that you paid the bill
     as 'evidence' that you want their 'service'.

2)  Sue the long distance carrier for the amount of the bill as well
     the cost of returning to your chosen carrier.  In addition, sue
     for an even $1000 in punitive damages.  This should keep the $$$
     low enough that one can sue in small claims court, which means
     that you don't need a lawyer, although legal counsel IS useful
     at times.  Heck, even if you lose the case, the revenge value of
     dragging them into court may be worth the effort.  The real trick
     would to get an injunction to prevent them from providing your
     residence(s) with long distance service at ANY time in the future
     without your express written permission, although I guess THAT is
     too much to expect, right?  ;-)


 jkoss00@ricevm1.rice.edu  |  Jordan Kossack  |  +1 713 799 2950  |  n5qvi