Unauthorized calls made by a child

[2bsmith_08734]

I just received a long distance telephone bill, placed on my credit card for $2000 worth of long distance calls made by my 2 children. They both use NetZero to connect to the internet. Netzero generated a software update about 6 weeks ago, adding a new local telephone number to their calling lists. This number shows on their phone list as a Toms River, NJ number, making it a local call. However, upon receiving this bill, yesterday, I learned that this supposedly "Toms River" number was actually a Lakewood, NJ number, placing it out of our calling area. Based on the fact that the change in the telephone number was generated by NetZero, and indicated as being in a different town than it actually was, and called by two minor children, I was wondering if I am responsible for these charges. I did not specifically authorize them. Also, the Netzero subscription is in the minor child's name, clearly indicating on his profile that he is indeed a child based on his year of birth. Is there anything that I can do to dispute these charges? Any help provided will be greatly appreciated.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by 2bsmith_08734:
I just received a long distance telephone bill, placed on my credit card for $2000 worth of long distance calls made by my 2 children. They both use NetZero to connect to the internet. Netzero generated a software update about 6 weeks ago, adding a new local telephone number to their calling lists. This number shows on their phone list as a Toms River, NJ number, making it a local call. However, upon receiving this bill, yesterday, I learned that this supposedly "Toms River" number was actually a Lakewood, NJ number, placing it out of our calling area. Based on the fact that the change in the telephone number was generated by NetZero, and indicated as being in a different town than it actually was, and called by two minor children, I was wondering if I am responsible for these charges. I did not specifically authorize them. Also, the Netzero subscription is in the minor child's name, clearly indicating on his profile that he is indeed a child based on his year of birth. Is there anything that I can do to dispute these charges? Any help provided will be greatly appreciated.<HR></BLOCKQUOTE>


My response:

And the good people at NetZero said . . . .?

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[2bsmith_08734]

The person I spoke to at Netzero said, first that NetZero is not responsible for any telephone charges incurred, as it's stated in their rules that are agreed to when signing up with their service. She also said that subscriptions are not allowed by minors under l8 years old. So I asked her why this subscription was allowed to be processed when it was clearly indicated that it was a child requesting the membership. She then said that they have 3 or 4 million subscribers making it impossible to screen the profiles.

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by 2bsmith_08734:
The person I spoke to at Netzero said, first that NetZero is not responsible for any telephone charges incurred, as it's stated in their rules that are agreed to when signing up with their service. She also said that subscriptions are not allowed by minors under l8 years old. So I asked her why this subscription was allowed to be processed when it was clearly indicated that it was a child requesting the membership. She then said that they have 3 or 4 million subscribers making it impossible to screen the profiles.<HR></BLOCKQUOTE>

My response:

Okay, we're not letting NetZero off the hook yet, because that's not a defense. However, let's try to go through the easiest route first: Call your telephone company representative and explain the situation as you have done here. Usually, but not always, they understand such mistakes or misdirections, and wipe the debt clean. If that doesn't work, then go after NetZero in Small Claims. When, and if, you go to court, you'll need to bring your computer to show the judge how your kid's NetZero account was applied for, and the information within your computer; e.g., account info, their ages, the phone numbers, etc.

Let me know what the phone company says.

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[2bsmith_08734]

Hi,

My long distance provider is AOL Long Distance. I did call them yesterday and explained the whole thing. I was told that they would issue a "courtesy" credit for 50% of the calls, and that I should contact Netzero about the remaining 50%. I also explained that none of the phone calls were made on my primary phone number, but on the second and third phone lines that are used strictly by my children. Another thing I mentioned was that my normal long distance charges usually are less than $l0 a month do there was no reason for me to periodically check my detailed bill throughout the month. I was unaware of any long distance calls until I got the bill on my credit card yesterday. I did print the phone list screen from the kids' computers showing that the number they called was listed as a "Toms River" number. And I printed the detailed list showing each call generated by the two different telephone numbers. I'm going to place a dispute with my credit card company, indicating that these charges weren't authorized, and incurred by a minor in error.
But I don't know if I am legally responsible for the charges despite this. And if I am, I certainly don't want to mar my credit.