Phone company liability?

brightspark

Just a what if question, hope it's ok here.

Got a call from one of those so called " Microsoft tech" scams, waste about 20 minutes of his time, so hopefully it meant he didn't get to scam someone more naive.

However I rang my phone provider after to report the number, but he said he couldn't get the number blocked, either from just my line or more importantly for others too. I think I would have been better off wasting more of the scammers time than ringing the customer support number.

My question is this, having been informed that their network was being used to facilitate a scam, could the phone company be considered negligent and found liable for another persons losses, because they had knowledge and yet did nothing, not even blocking the number.


I'm guessing but as an ISP, they probably have the ability to block the scammers web sites as well as the phone numbers)


(@MOD If it's not appropriate for this forum please delete or move)

Paulw

brightspark wrote: »

My question is this, having been informed that their network was being used to facilitate a scam, could the phone company be considered negligent and found liable for another persons losses, because they had knowledge and yet did nothing, not even blocking the number.

So, would every phone network that the call crosses also be liable? Since it's unlikely that the foreign network where the call originates from is directly connected to the local network. Many of those scams originate in India.

The phone network is there to facilitate communication. They are not liable for the communication that happens across the network.

Tom Young

Mere conduit applies until the fraud is reported.

Five Lamps

brightspark wrote: »

Just a what if question, hope it's ok here.

Got a call from one of those so called " Microsoft tech" scams, waste about 20 minutes of his time, so hopefully it meant he didn't get to scam someone more naive.

However I rang my phone provider after to report the number, but he said he couldn't get the number blocked, either from just my line or more importantly for others too. I think I would have been better off wasting more of the scammers time than ringing the customer support number.

My question is this, having been informed that their network was being used to facilitate a scam, could the phone company be considered negligent and found liable for another persons losses, because they had knowledge and yet did nothing, not even blocking the number.


I'm guessing but as an ISP, they probably have the ability to block the scammers web sites as well as the phone numbers)


(@MOD If it's not appropriate for this forum please delete or move)

On that basis they would be responsible for any illegal or covert act over the phone from planning a bank robbery to having an affair. Mind you it's the same logic that the record labels are using against the ISPs for piracy.

brightspark

Tom Young wrote: »

Mere conduit applies until the fraud is reported.

Yes, I doubt that any liability could exist before reporting, but would it be like the councils who become responsible for potholes after they have been notified. I am specifically asking what happens if after being told the ISP/phone provider takes no action (as is currently the policy of at least one phone provider), not random acts such as bank robberies or affairs, which incidentally would not depend on the network to commit a crime, unlike the scammers mentioned earlier.

My question was what happens to the potential liability after fraudulent activity has been reported. Given that it is probably technically possible to block calls from specific numbers and block their websites also.

Tom Young

Liability may attach, though conditionally only, if the service providers know about it. Report it to them and ComReg.

brightspark

I did report it to the phone provider, that's how I found out they don't do anything about blocking the number, I hadn't thought about informing comreg too, not that they are likely to do much either, but maybe someone there has a conscience.

I'm not going to be sucked in by these scammers, so won't suffer any loss myself, but it feels wrong to me that there is no incentive for the phone provider to do anything to protect others.

brightspark

Thanks for the reminder re Comreg.

From Comregs Frequently Asked Questions


PC ''Technical Support'' scam

ComReg has received contacts from a number of consumers lately about calls received from a 0044 number, during which the caller asks the person to log on to their computer, to check for viruses. Some people have given over credit card information in the course of these calls. Some people have been persuaded by the caller to allow him to access their pcs.
It's unwise to give any personal details or access to your computer to anyone unless you are sure they are working for your service provider, and unless you have requested assistance.
Suspicious calls can be reported to the Garda Bureau of Fraud Investigation on 01 6663776.