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Telephone Company - Liability for Employee Advice

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Neeka_Rose

Guest
Currently, I have a very large oustanding bill that I am refusing to pay with Pacific Bell. The charges that remain are third party charges from a calling card of a friend of my sons.
The reason I refuse to pay, is that twice I contacted to cancell my residential service. I told them I had to cancell before I owed more than I could afford to pay. The representative I spoke with could see that that this was an ongoing prolbem. The records were there. Several instances of ligitimately fraudulent charges had already been reversed. I had blocked all 900#, cancelled my calling card, blocked all toll charges - and yet these "expensive service calls" would still get thorugh to my account.
Both times I called to cancell my service, I had a wtiness present. The telephone company customer service employee always seemed helpful. Somehow, they always found that "some magical block was missing". Both times they assured me that there would be no way that my account could incur the expensive charges.
Several months later, thousands of dollars of charges appear on my account. These have been billed to my acount, from another account as traced to being placed from my phone from another's calling card. To date I am not sure who placed all the calls - and all persons residing in my home besides me were minors at the time.
Two extensive letters have been written to Pacific Bell regarding my refusal to pay. My stand is that "Pacific Bell should be liable for the advice that their employees had given me." Had it not been for their advice and on their reccomendation, I would have cancelled my service long before incurring the charges.
Pac Bell's responses to my letter never addressed their responsibility. Their response each time was basically that "fraudulent use of my phone could lead to charges against me." Neither repsonse made any comment to their liability for the advice of their employees. I think they are trying to scare me - and avoiding their liability for their employees actions.
Any information to anyone could forawrd to me would be appreciated. Thank you, Neeka Rose
 


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lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Do you have records of all of these cancellations? Pac Bell should have it on their computer system.

Let them know two things:


1) If minors made the calls, these can be disaffirmed. Meaning, as long as they phone calls are not a necessity, they don't have to pay. Sort of a free ride for kids.

2) If they keep giving you the runaround, PAC BELL IS RESPONSIBLE. Why? Because their employees are their agents, what advice they give you is the company's advice.

Tell them you will sue them for deceptive billing practices, fraud and will contact the FCC (federal communications commission).
 

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