[comp.dcom.telecom] 976 Scum

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 !