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From: tanner@ki4pv.compu.com
Newsgroups: comp.dcom.telecom
Subject: Re: On Who You Owe When Slammed
Message-ID: <15506@accuvax.nwu.edu>
Date: 17 Dec 90 18:45:57 GMT
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X-Telecom-Digest: Volume 10, Issue 890, Message 1 of 11


The employee carrying the package to the express company is an
excellent analogy.  Instead of carrying it to Fred Ex, he carrys it to
Pat's express, and now we must decide if we will pay Pat's bill.
Similarly, the local phone co carries my call to the chosen carrier.

If the employee went there at my (possibly unclear) direction, then it
seems that I have very little cause for complaint.  Not only did the
package get there, but the service price is ``about'' what I expected,
and Pat may have a cause of action if I fail to pay.

Now, let us examine ``slamming'' : In the best light, someone slides
my employee/agent $5 or local ``change default carrier'' fee to divert
the package to Pat's express without my knowledge, after I have told
that carrier to carry it to Fred Ex.  That agent has behaved
corruptly, disregarding my instructions.  Should I pay for the
shipping?

We can take a more dim view of the situation.  Let us say that Pat is
hard up for business; his only phone line is clogged with complainers
so no one can actually call and order his services.  He sends a guy
out with a fake note from me to my agent, saying that I decided that
agent should use Pat's Express instead of Fred Ex.  My agent believes
him, and carrys the package to Pat.  Now, Pat delivers the package.
Pat has made a fraudlent representation (to my agent) in order to
induce me to (unknowingly) buy his services.  Should I pay for the
shipping? 


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