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Do I have a leg to stand on?

Started by reagantrooper, Dec 10, 2004, 05:10:50 AM

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reagantrooper

Dear Soc
State in NH.

I have an issue with a minor child (17 YO) running up the phone bill. This has been an issue that has driven me to put a block on my line so that one has to enter a code for long distance. I put this block on a few weeks ago with my long distance company.

My 17 YO  found a way around it by using one of these 10-10-220 companies now they have billed me $150. I called them and went right up the chain of command and did not get a good answer.

They refuse to remove the charges. My argument with them is that I did not suscribe to or invite there company into my home a minor child did.As a matter of fact I took measures to prevent this. Therfore they should eat the charges.

1. Do I have any legal grounds to just refuse to pay them?

2.In the absence of an agreement from me (IE: I subscribed to there service) do they have the legal right to put this "debt" on my credit report?

Thanks!!!!

socrateaser

>1. Do I have any legal grounds to just refuse to pay them?

Well, a minor child can disaffirm a contract. Unfortunately, the phone is licensed to you, and you're the one being billed, as the 1010220 company can reasonably assume, and you can't prove differently, that your child made the calls, and not you.

A court would probably hold that your child committed a fraud by making the calls, and most states will hold the parent responsible for the torts of their minor children, usually with some limitation of a few thousands of dollars, which you're not near.

Had you asked me before you complained, I would have suggested the "possibility" that maybe some UNKNOWN person could have snuck into your home and made the calls. In which case, you could have told the company, "I didn't make these calls, nor did anyone else in this house." And, then you would have had an argument.

But, as it is, you have none. And, the company can ding your credit report, assuming that they can independently figure out who you are. Which, in as much as you have talked to them, shouldn't be real difficult.

I believe that phone companies can block access to all but local numbers -- sounds like you should be doing this, and getting a cell phone.