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Date Posted: 07:14:19 05/24/04 Mon
Author: Zimmer
Subject: BT customers may sue over internet rogue-dialling scam

BT customers may sue over internet rogue-dialling scam

ANGRY customers are ready to take BT to court over its
failure to protect them from internet scams that have left
them facing large phone bills.

Many readers have contacted Times Money to voice their
anger at the phone giant after we highlighted the plight of
Derek and Sally Higdon, from Berkshire, who are facing a
£750 bill from BT for calls made to West African premium-
rate numbers about which they say they know nothing.

The readers say that they have suffered the same problem
and believe BT should have done more to prevent the scam,
where a rogue dialler diverts a computer from ringing its
normal internet service provider to call the premium-rate
numbers instead.

Barry Borman, a solicitor from north London, says BT is
demanding payment of £60 for calls to premium-rate
numbers in Sao Tome, West Africa, which he did not make.

He says: "When I contacted BT to complain about my bill
the company admitted it had been aware since January of
the dialling scam originating from Sâo Tome, along with
several similar scams.

"I think BT owes its customers a duty of care and by doing
nothing about a phone scam of which it is aware it is guilty
of negligence. If there are enough of us we could mount a
court action against the phone company."

Martin Cross, a partner with Thomas Eggar, a firm of South
East solicitors, thinks BT customers would have a sporting
chance of succeeding with a legal action against the
company. He says: "If BT was a highways authority and it
permitted diversions to be erected on its roads which resulted
in accidents, drivers would quite legitimately sue the highways
authority and obtain compensation. You have to ask why BT
should be any different.

"It may well be time for the law to consider a duty of care
to the users of telephone highways. The case would be even
stronger if BT was indeed aware of the dialling scams and
had done nothing to remedy the position." In Germany this
problem has already been recognised and last year a new
law was brought in to stamp out some of the abuses.

Dr Christiane Bierekoven, computer law expert at Eimer
Heuschmid Mehle, a Bonn, lawyer, says: "The law makes
it compulsory for all data programme providers to register
and adhere to strict rules. If there is non-compliance the
company can be struck off."

BT says it has no comment. Readers have also raised
concerns about the website spywarenuker.com, which a
BT security expert last week recommended for tackling
rogue dialling software. The BT expert says he stands by
what he said last week but is happy to look into readers'
complaints

http://business.timesonline.co.uk/article/0,,8214-1117840,00.html

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