Re: Dealing with nuisance phone calls

Phone answers with a message "Use of this phone line for unsolicited
sales
calls will incur a charge
of xxx. Press 1 to agree to this, otherwise hang up". Phone system
configured to only ring once this
has been done.

This should be enough to establish a contractual obligation, but
tracing
them to an address to take
action is another matter as chances are they are overseas.

Absolutely no chance whatsoever of this creating a valid and
enforceable
contract.

But why not? I have a feeling that if this was Large PLC's phone
system
responding to individuals, individuals would be bound by the terms of
the call. If a company can say "calls may be recorded for training
purposes" and the caller has no choice but to implicitly agree to this
by continuing the call, why are those conditions enforceable (such as
they are) and the aforementioned conditions not enforceable?

The two things are quite different. In the case of the call centre
message
it is simply informative. No contract is formed.

That doesn't seem to clear to me. You implicitly agree to your call
being recorded by continuing with the call after hearing the recorded
information announcing that calls will be recorded.

But this does not create a contract in law. If you want to know more go and
look up any textbook on contract law.

How is this different to implicitly agreeing to a charge by continuing
with a call after hearing a recorded message announcing that a charge
will be levied?

The charge has nothing whatsoever to do with the message saying that the
call may be recorded. The charge is the same regardless of what any
information message says. It does not create a contract in any way shape or
form.

And my question still stands - if it's not enforceable, why isn't it
enforceable, and what would it need to be enforceable?

There is NO contract and therefore nothing to enforce!

Peter Crosland


.

Relevant Pages

  • Re: Dealing with nuisance phone calls
    ... I have a feeling that if this was Large PLC's phone system ... No contract is formed. ... How is this different to implicitly agreeing to a charge by continuing ... with a call after hearing a recorded message announcing that a charge ...
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  • Re: Dealing with nuisance phone calls
    ... calls will incur a charge ... Absolutely no chance whatsoever of this creating a valid and enforceable ... I have a feeling that if this was Large PLC's phone system ... No contract is formed. ...
    (uk.legal)
  • Re: Dealing with nuisance phone calls
    ... But this does not create a contract in law. ... with a call after hearing a recorded message announcing that a charge ... The charge has nothing whatsoever to do with the message saying that the ... There is NO contract and therefore nothing to enforce! ...
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