MB, you gave some prudent information earlier in regards to contract law, business law, and common law issues recently.
Here is an issue I really don’t understand, and was wondering if you would guide me in the right direction.
The issue is Cramming/ Slamming as practiced by Cell Phone companies.
For example, I’m being charged for services I don’t nor have ever wanted nor have subscribed to any messaging on my cell phone, and am now routinely billed for it, and have to spend 30minutes to 3 hours monthly disputing the charges monthly ($2-$10/mo in charges for services I do not accept nor desire.)
This is about the 5th time over the past year I have to dispute the charges and each time the provider takes them off, but half the time it seems they creep back in. Now I’m being told I have to tell other people who call me NOT to message me so I won;t be charged, although my phone and service do not offer me that service (go figure).
Apparently, I’m not the only one in this predicament and frankly, it’s annoying. In order to dispute, I’m usually speaking with somebody on the other side of the globe who has been outsourced, which makes me feel even less secure. (Of course, who is more secure, the person conducting business in the US with other Americans not cognizant their info is spread out all over the planet, or working with the outsourced party recognizing all our private info is in the hands of third world vendors?)
This leads me to consider this entire thread. It seems that as we push towards more outsourcing, issues of common law to us as Americans, might not appear so common to third world cultures. Now when we are beleaguered by repetitive charges from out of the blue, we might refuse to pay, but also become susceptible to recourse by others we don’t consider legitimate, but are nonetheless forced to endure.
I guess my question regards all the outsourcing and contracting issues which in the past were considered handled by the UCC, and contained by US law, seem to becoming much more influenced by foreign interests, independent of US Law.
Have you seen or heard of any groups attempting to normalize these contracting basics between different cultures? It would be nice to at least have the education of say a 1st year college B-Law student to understand what risks might exist out there between different cultures blending into the US business climate under the guise of ‘outsourcing’.
A few thoughts:
1. Get advice from qualified lawyer licensed in your state.
2. Send certified letter to service provider explaining your problems and lack of desire to be charged for these items. I would expect this is not a simple mistake and rather an improper attempt to charge for undesired-unordered services. I would mention in my letter that if it continues I will be contacting my attorney and asking his to file suit for myself and all others so situated. I might also say that if this requires any more of my time, I will bring suit in small claims court for my time spent solving their problem..... and I don’t work cheap.
Small claims scares big companies because of the cost of defending an action there can be thousands. Be prepared for them to argue lack of venue for your action. I’m guessing you signed up for your service in your county, used the service in your county, were billed in your county, they have facilities in your county (owned stores, not just authorized sales agents, plus towers, etc.) they have contracts with the local 911 service in your county, they have employees in your county.
My favorite line on venue (actually used it in Texas)
“Your Honor, this airline operates flights in and out of Potter County. They have offices here in Potter County. They advertise in Potter County newspapers. They employee people in Potter County. They have billboards in Potter County.
The days of a person here in Texas being able to scam some poor victim and get away with it because they had a fast horse and got to the county line before the sheriff were over a long time ago because of fair and equitable courts such as yours.
Delta Air Lines loves to take off and land in Potter County. They love to take money from people in Potter County. They should have to answer in your court, here in Potter County, too."
They settled quickly. :~)
3. I would also call my the consumer affairs reporter at my local TV station and detail the problem to him/her.
4. Again, I am not qualified to advise you on law in this instance.... just how to be the squeaky wheel SOB who gets action!