[comp.dcom.telecom] Ill-Gotten Gains

HAMER524@ruby.vcu.edu (Robert M. Hamer) (12/22/90)

Ed Hopper <ehopper@ehpcb.wlk.com> wrote:

>> calling of the 1-700 number indicated that she had INDEED been switched
>> from AT&T to MCI!  The charges were about the same per call, so she
>> didn't raise a stink about it after they graciously switched it back.

>No, no, no!  The fact that charges may be the same are irrelevant.
>These are ill-gotten gains.  I cannot speak to the legalities,

to which the Moderator replied:

>[Moderator's Note: They may be 'ill-gotten gains' to the slamming
>carrier as you point out, but your failure to pay *at least the amount
>you anticipated paying for the call you placed* is an unjust
>enrichment to yourself. Strictly speaking, you must pay for calls you

Pat, you've taken this position before, and I have had trouble
understanding it before, and am still having trouble.  If I am slammed
without my knowledge, and get a phone bill from some company I've not
given permission to carry my calls, I would like the legal situation
to be such that I owe them no money for the calls.  I did not give
them permission to carry my traffic.  I would consider it analogous to
a situation in which some company delivered an unrequested product to
my door and presented me with a bill.  U.S. mail regs say I am
entitled to keep the package and pay nothing for it as I did not ask
for it.  Not being a lawyer, and not being familiar with the tariffs,
I can't address whether or not the tariffs allow it.

If one were being really fussy, I would consider it more morally
defensible for me to be required to pay the company I was slammed
_FROM_ the money they would have charged me had they carried my calls,
and owe the company slamming me nothing.

If I got slammed, I would in fact refuse to pay and let them take me
to court.  I suspect that even if they had the legal backing to force
me to pay, they would choose not to because of bad publicity.  (Of
course, I only make $10 or so long distance calls a month, so they
wouldn't be losing lots of money.)