If not, they – or their parents, in the case of a minor – are traced and hit with a fat bill.
At R1.65 a second, it’s at least R1 000 when a tracing fee is added.
But again, they said they’d relook at their processes.
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.
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.
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.
The woman who answered, calling herself Lily, first asked him if he was over 18. “We have a naughty special of a R100 that is payable within 72 hours.
If not, the call will be charged at R1.65 per second for a minimum time of 10 minutes.
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.