brian@ucsd.edu (Brian Kantor) (12/01/89)
The latest 976 scam is taking place here in San Diego; on the way to work this morning I noticed several of those hardware-store type "HOUSE FOR RENT" signs tacked up on phone poles around the neighborhood, with 976-5222 as the number to call. Yup, there's some scum running a rental referral agency with a 976 number. Now understand that in California (or San Diego, at least) a rental agency must maintain a list of referrals available at no charge as well as any fee-for-info lists they sell. So having a number that automatically charges for rental listings is very probably illegal. And the signs were tacked onto phone poles, an act which is itself a misdemeanor. I am not an attorney, but in a case like this, since Pac Bell is in some way acting as the collection agent of the 976 service provider where the very act of collecting the money is what is illegal, could not they also be charged in any criminal action? Perhaps there is some exemption in the law somewhere. I wonder if Pac Bell's legal department knows about this? Or cares. - Brian
john@zygot.ati.com (John Higdon) (12/02/89)
In article <telecom-v09i0541m06@chinacat.lonestar.org>, brian@ucsd.edu (Brian Kantor) writes: > I am not an attorney, but in a case like this, since Pac Bell is in > some way acting as the collection agent of the 976 service provider > where the very act of collecting the money is what is illegal, could > not they also be charged in any criminal action? Perhaps there is > some exemption in the law somewhere. > I wonder if Pac Bell's legal department knows about this? Or cares. The only thing Pac*Bell seems to care about these days when it comes to their 976 services concerns whether the program is G-rated or not. Who cares if someone is bilking the public at large, their only worry is whether little Jimmy can dial into some boring or laughably silly sleaze recording. Seriously, though, I doubt that Pac*Bell could be brought into any liability, criminal or otherwise. I would assume that many crooks use the telephone in the commission of crimes and I have yet to hear of any agency going after any telco as a co-participant. In fact, the only violation Pac*Bell would be concerned about is the lack of any mention of how much the call costs, which is required in all 976 advertising. John Higdon | P. O. Box 7648 | +1 408 723 1395 john@zygot.ati.com | San Jose, CA 95150 | M o o !
John Higdon <john@zygot.ati.com> (12/02/89)
In article <telecom-v09i0541m06@chinacat.lonestar.org>, brian@ucsd.edu (Brian Kantor) writes: > I am not an attorney, but in a case like this, since Pac Bell is in > some way acting as the collection agent of the 976 service provider > where the very act of collecting the money is what is illegal, could > not they also be charged in any criminal action? Perhaps there is > some exemption in the law somewhere. > I wonder if Pac Bell's legal department knows about this? Or cares. The only thing Pac*Bell seems to care about these days when it comes to their 976 services concerns whether the program is G-rated or not. Who cares if someone is bilking the public at large, their only worry is whether little Jimmy can dial into some boring or laughably silly sleaze recording. Seriously, though, I doubt that Pac*Bell could be brought into any liability, criminal or otherwise. I would assume that many crooks use the telephone in the commission of crimes and I have yet to hear of any agency going after any telco as a co-participant. In fact, the only violation Pac*Bell would be concerned about is the lack of any mention of how much the call costs, which is required in all 976 advertising. John Higdon | P. O. Box 7648 | +1 408 723 1395 john@zygot.ati.com | San Jose, CA 95150 | M o o !