[comp.dcom.telecom] 'Free' Check in the Mail

reb@uunet.uu.net (Phydeaux) (02/09/91)

In article <16678@accuvax.nwu.edu> GUYDOSRM@splava.cc.plattsburgh.edu
(Ray Guydosh) writes:

> I received a mail promotion for MCI Primetime accompanied by a gift --
> a Twenty Dollar check in my name.

> From the promotional literature: "Don't forget to endorse your check
> before depositing or cashing it.  With your signature, you authorize
> MCI to notify your local telephone company to switch your primary long
> distance service to MCI PrimeTime (SM)."

A few months ago the Republican party sent a similar thing out - only
this time they would deduct a 'contribution' of $25 per month or so -
the idea was that the first month was 'free' ... it's a slimy idea no
matter what.


reb

*-=#= Phydeaux =#=-*      reb@ingres.com     reb%ingres.com@lll-winken.llnl.GOV
ICBM:  41.55N 87.40W      h:558 W.Wellington #3R Chicago, IL 60657 312-549-8365

gauthier@ug.cs.dal.ca (Paul Gauthier) (02/11/91)

In article <16678@accuvax.nwu.edu> GUYDOSRM@splava.cc.plattsburgh.edu
(Ray Guydosh) writes:

>> I received a mail promotion for MCI Primetime accompanied by a gift --
>> a Twenty Dollar check in my name.

>> From the promotional literature: "Don't forget to endorse your check
>> before depositing or cashing it.  With your signature, you authorize
>> MCI to notify your local telephone company to switch your primary long
>> distance service to MCI PrimeTime (SM)."

Wouldn't this kind of thing fall under the law regarding unsolicited
gifts?  If a company puts a toaster on my doorstep and then asks for
some compensation, I'm allowed to keep the toaster as a gift unless I
in some way solicited it. Is there a parallel here?


Paul Gauthier                                     | gauthier@ug.cs.dal.ca
President, Cerebral Computer Technologies         | tyrant@dalac.bitnet
Phone: (902)462-8217    Fax: (send email first)   | tyrant@ac.dal.ca


[Moderator's Note: No, it would not be an unsolicited gift because it
has no value until after you sign the contract which accompanies it.
If the check had no conditions attached to its encashment and was
offered to you specifically as a gift from MCI in exchange for your
consideration of their offer then it would be an 'unsolicited gift'.  PAT]

henry@garp.mit.edu (Henry Mensch) (02/11/91)

Fortunately, many (most) banks will accept checks for deposit
*without* endorsement ...


# Henry Mensch    /   <henry@garp.mit.edu>   /   E40-379 MIT,  Cambridge, MA
# <hmensch@uk.ac.nsfnet-relay> / <henry@tts.lth.se> / <mensch@munnari.oz.au>
#     via X.400: S=mensch; OU=informatik; P=tu-muenchen; A=dbp; C=de


[Moderator's Note: This is true, however the bank in that case acts as
your agent; assumes to act in your best interest and endorses the
check for you with one of their own. You must have seen something
similar to this on the back of a check: "Pay to the order of the
within named payee. Absence of endorsement guarenteed by XYZ Bank."
Some smart-alecks might suggest at this point MCI has the right to
convert the bank's phones to MCI one-plus. Of course what it really
means is in the event the payor refuses to pay based on the lack of a
'qualified and complete endorsement' the bank will accept the check
back and in turn charge it back to your account. Most parts of a check
can be omitted without too much hassle. I've received checks the
issuer 'forgot' to sign. Where the signature would go (but is missing)
I rubber-stamp a message: "Signature guarenteed by Patrick Townson".
I've never had a check marked that way be returned unpaid. If I did,
then I'd be no worse off than before I put it in.  PAT]