Legal Question in Business Law in Massachusetts

Phone bill

Our companies long distance company called to let us know that they apparently have not invoiced for the correct number of lines for the last year and a half. I received an invoice today with roughly $2,000 worth of charges (including taxes)that they had failed to invoice for. Are we responsible for their mistake?


Asked on 6/17/03, 1:50 pm

2 Answers from Attorneys

Lawrence Graves Coolidge & Graves PLLC

Re: Phone bill

I have seen this kind of thing a number of times, and even the big reputable Bell companies are not immune to this kind of thing. It certainly comes as an unwelcome surprise when the "correct" bill materializes for much larger $$ than the original.

Do understand, however, that if the revised bill is actually correct, the customer has been paying less than full price for services admittedly received. In that light, it is difficult to argue to a court that the service provider should be estopped from asserting a claim for the correct amount. Likely the telephone company will not assert any claim for interest and will give the customer payment terms for the old unbilled amounts. I doubt that they will compromise on the amount owed.

Best wishes,

LDWG

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Answered on 6/17/03, 2:31 pm
Nance Lyons Law Office of Nance Lyons

Re: Phone bill

Generally one cannot profit from the mistake of another, e.g. Bank mistakenly puts $1 Million in your account. It's still not your money and use of it would be larceny. Here, you contracted for services and they were provided but not billed. Since you got the benefit of the bargain, you are, in my judgment, liable for the cost. You may try to negotiate with the carrier. YOu certainly should get anagreement to pay it over time.

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Answered on 6/17/03, 2:51 pm


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