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From: mpd@anomaly.sbs.com (Michael P. Deignan)
Newsgroups: comp.dcom.telecom
Subject: Re: Don't Pay For Slamming
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Date: 17 Dec 90 12:09:12 GMT
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(Moderator says unjust enrichment if you fail to pay what you
anticipated paying for the calls.)

I'm not sure I'd agree entirely with this.  I'd much rather agree with
Ed's statement of not paying for calls at all, but...

For example, if I have AT&Ts ROA program, and am paying $8.50/hr.,
then MCI slams me, and I place two hours of calls at their rates (say
it comes out to $9.00/hr,) I believe that the individual should only
have to pay the cost that s/he would have incurred under their
existing carrier.

The difference, if any, should be eaten by the slamming company. In my
example, MCI would only get $8.50/hr from me, and they would have to
eat the difference (one dollar).


Michael P. Deignan, President     -- Small Business Systems, Inc.
Domain: mpd@anomaly.sbs.com       -- Box 17220, Esmond, RI 02917 
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[Moderator's Note: This has been the point I've been trying to make
all along. You cannot profit from the mistakes and/or crimes of
someone else. As in your hospital example, if the switch was in error
and accidental, then you still owe for services rendered if you
benefitted from them. If the switch was done fraudulently, then you
need to deal with the fraud as a separate issue. Of course every
carrier and every telco is going to claim it was a clerical error, and
I have no reason to doubt the telcos, since what does it profit them
either way?  What ahout those folks who call 700-555-4141 and know for
a fact that their service was changed, so they run up a big bill on
purpose and then later claim the switch was unauthorized? When you find
out about a fraud or some other crime committed or in progress, you
have some obligation to stop it or notify others who can stop it, but
you cannot go along for a free ride. Isn't the real solution and the
ethical way to pay *what you expected to pay* and at the same time
continually confront the regulators to obtain relief from this problem
in the future?   PAT]