Question posted in the Consumer Protection Law category relating to Mpumalanga
Hi ,i want to ask about a sex chat hotline that is harrassing me ,claiming that i owe them R1650 and that they recorded my sex call and that i gave them the wrong name(which any person who wants to stay anonymous would do) and they calim the terms were read to me in the beginning of the call which i could'nt hear at all. So now they are saying if i dont pay them by today they are going to make a case of fraud against me for not giving my correct name.,also they got all my personal details and i dont know where they got it from as well as my family members contact details. The cellphone number was posted on a chat website not as an add. I thought it is a free call . Can they proceed with legal action against me ? Should i pay them anything?
Message from the Attorney
Hi there and thank you for your question,
I am a practicing attorney based in South Africa and I will assist you with your question. Please feel free to ask as many follow up questions in order to clarify your question. If you have a new question, you must please open a new thread.
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Att. Patrick
Message from the Attorney
It really does depend on how they advertised their "services" and whether you were told in advance that it was a paid for service or not.
If the website didn't say anything about having to pay for the call, and if the person on the call never said anything about having to pay for the call, and didn't mention any terms and conditions, then there simply can't be an agreement that you would pay for the call. In this case, they won't be able to sue you because there was no agreement.
If however the person on the call said that this was a paid for call (even though they might not explain the charges) and you continued with the call, then you'll need to pay for it.
But it all depends on what exactly happened.
I think that you should tell the company that they must send you a copy of the recording via WhatsApp or email so you can listen to it because you do not recall the person telling you that it was a paid for call.
Then, after listening to the recording, you must make a call to pay or not.
I think that you should also ask them how they think that you were supposed to pay for the call if it was a paid for call? I mean, didn't the person ask for your credit card number or something? Or did they expect you to EFT or send them money on e-wallet after the call had ended? This much doesn't really make sense.
So I would most certainly challenge it a little, then make a decision.
BUT, if you decide to pay them the R1650, you need to tell them that this payment is in full and final settlement of all amounts which you might owe them and that you won't consent/agree to any further payments.
Message from the Customer
Here is where I feel stuck - but I will be as honest as possible.
My intention at the time was to seek an escort. Not having much experience in this I went to google and found a few sites. From one of these sites, unsure which one, I called a number with the intent to meet the person I phoned.
When the call connected, the person started speaking very fast and asked if I would like to f**k. I said "yes". She then continues and after a couple seconds I enquire if this was sex call. When she said "Yes", I said that isnt what I wanted and that I thought we would meet. She then put down the phone. This is in the recording.
The company who is attempting to claim the money sent me this:
Good day Mr A,
Herewith attached is the account open details and bank details as requested.
This account must be settled in full, the outstanding amount of R 1 974.00 (One thousand nine hundred and seventy four rand and zero cents) by no later than 12:00 midday tomorrow Friday 12 August 2022 (please ensure that the payment is either a cash deposit or a direct transfer so it reflects in the account by the said time and date.) Prompt payment will also avoid contacts/company on trace being contacted and possibly summoned to court. As the legal owner will be held liable. A phone is a controlled item according to law. It is not our intent to have to go the legal route but only to have the account settled in full.
Once we have received payment the file will be closed and all trace details and recordings will be deleted from our database.
Sir if you did not agree with the T&Cs then why did you/he say yes? The way the sex chat line confirms that you agree with the T&C is by asking if you want to f*** her and you/he/she said YES and a service was rendered.
There was sexual content and for this service that was rendered the account needs to be settled.
According to the broadcast and radio single act RICA, all contract that is agreed to via voice signature is legal and binding in court.
So this is my finding he phoned an Adult sex chat line AGREED to the terms and conditions and willingly stayed on the line where sexual gratification was enjoyed.
Kind regards,
Sharon Miller
Then this:
FINAL NOTICE TODAY BY 12:00 MIDDAY!
PAYMENT MUST BE MADE AS FOLLOWS:
BANK: Capitec
Account holder M.S. Lewis
Account number 1718193678
Branch code 470010
Account Type: Savings
AMOUNT DUE: R 1 974.00
DEPOSIT REF NO: 82123 Please remember to put ref. no. on the deposit slip
EMAIL PROOF TO ***BLOCKED-EMAIL-ADDRESS***
Please make sure your deposit Ref number is clearly on the deposit slip
Kind regards,
Sharon Miller
Please let me know if there is anything else I can provide.
Thank you for your assistance Patrick.
Message from the Attorney
It sounds like they are being a little sneaky in their conduct in getting you to "accept" the services. I'm sure that they try this trick often.
In my opinion, you are stuck between a rock and a hard place. If I were you, I would pay the money and reply that you are paying it in full and final settlement of all claims.