Added by C Gerosa | Tuesday 2nd September 2014
Dial Through Fraud is an issue that is high on the FCS agenda at the moment.
As well as looking at looking at ways of preventing the fraud from occurring in the first place, we are considering how best to deal with high bills that your customers receive if they have been a victim of fraudulent use. Members have been keen to have advice on how they can explain to their customers where the responsibilities lie – not least following a recent court case where the judge ruled that the customer was not responsible for the billed amount.
We are now able to provide you with advice about this verdict, the steps you can take to protect yourself and some boiler-plate text you can include in contracts that clearly sets out the parties responsibilities.
If you do find yourself in the situation where one of your customers is a victim of dial-through fraud, you should try to ensure via your account manager that your wholesaler bills you at cost. Talk Talk have confirmed they will do this, Gamma will consider on a case by case basis, and we are aware of BT agreeing to it in some instances.
This briefing paper has been produced by the FCS with assistance from Eversheds LLP for the benefit of its members. The information set out in this briefing paper is not a substitute for legal advice as the facts of the individual case will need to be taken into account to ensure that appropriate protections have been considered and put in place. All enquiries or issues relating to the information (including the proposed contractual language) contained in this briefing paper should be directed to the FCS who is responsible for the circulation of this briefing paper. Eversheds LLP excludes all liability to FCS members for the contents of this briefing paper