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And then comes the harassment to pay up, followed by threats to charge the boy with fraud – for lying about being over-18 at the start of the call – and to play the recording of the conversation in court, and to seek a civil judgment against the parent for non-payment of the debt.
The big issues in this scenario, aside from the moral ones, are: can parents be held liable for paying for a service obtained by a minor child, and would a court prosecute a minor for fraud under such circumstances?
When he didn’t pay, he started getting threatening SMSes, voicemails and e-mails.
And even if there was a binding contract, she said, a legal defence could be the poor disclosure of the service’s cost, which contravened the Electronic Communications and Transactions Act and the fact that it could be considered to be “unconscionable conduct in terms of the Consumer Protection Act”.
“Unconscionable conduct includes taking advantage of a consumer’s inability to appreciate the language and what they are getting themselves into,” she said.
As for whether the boy could be charged with fraud for lying about his age, legal sources said it was unlikely the court would decide to prosecute a minor for fraud, given the circumstances.
On the question of the lack of disclosure of the costs involved, they said they’d seek legal advice and would amend their process if necessary.
They claimed about 30 percent of callers manage to pay that special price of R100 within 72 hours.
The upshot is in order to pay that “naughty special” of R100 for the service, the caller has to be sharp enough to call back and get the banking details, and pay within three days.