“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.Nerisha Besesar, an associate in Durban law firm Shepstone & Wylie’s litigation department, said someone under 18 had no legal capacity to enter into a contract, and the boy clearly didn’t understand and appreciate the terms of the contract.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”.If not, the call will be charged at R1.65 per second for a minimum time of 10 minutes.You can phone back any time for the banking details, we are a 24-hour service…” And without pausing for breath – or establishing whether the potential client had grasped the information, much less agreed to the charges – she launched into her raunchy routine.Velez is being held in the Fort Bend County jail on bonds totaling 0,000, according to a spokesman with the Fort Bend County Sheriff's office.
Velez discussed how he was babysitting his girlfriend's 5-year-old son and a 1-year-old baby.
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.
If not, they – or their parents, in the case of a minor – are traced and hit with a fat bill.
I put it to them that the boy in this case clearly sounded under 18. As it turns out, Social Network is not the only such company to be operating out of Uvongo on the South Coast.
The sex chat line company which the investigative TV show Carte Blanche featured recently was another company, My Way, but its modus operandi is virtually identical. It will be recorded, and your parents will probably hear it, or at least read the transcript.