On Fri, 16 May 2008 19:52:57 +1000, Kwyjibo wrote:

> Yep - There really is a fuckwit born every minute. The TPA applies to telcos
> the same as it applies to every other corporation.

It's not so much the TPA as a matter of simple logic:

(1) Customer receives Telstra bill which includes bogus "premium SMS" fee.

(2) Customer calls Telstra to dispute premium SMS fee.

(3) Telstra says "nothing to do with us, call SOLMOB".

(4) Customer replies "bugger off, call them yourself".

(5) Customer pays the amount of the Telstra bill, minus the premium SMS
fee.

(6) Premium SMS fee remains "outstanding" on customer's account.

Now, if Telstra wants to recover that "outstanding" amount through the
courts, it will need to prove the legitmacy of the debt. If Telstra, when
asked to present its case, replies "no evidence, but we respectfully
invite your Honour to call SOLMOB", the defendant would be
successful were he to immediately move for judgment including costs.

Alternatively, if Telstra wrongly records a default in a customer's
credit file, it leaves itself open to a (successful) defamation action.

And if Telstra disconnects a customer for non-payment of a bogus debt,
it does itself out of any contractual early termination fees (with
the result that the customer might actually get a "free" handset,
rather than a "$0" handset).

And, incidentally, if Telstra has a Level 4 TIO complaint regarding
erronenous premium SMS charges, does it tell the Deputy Ombudsman to call
SOLMOB?