Legal Question in Business Law in Virginia

Re: Pay phone

It probably is NOT legal, but that is a question for the Federal Communications Commission (or possibly the Virginia State Corporation Commission) and "ordinary" Virginia law would have nothing to say about that being "illegal" (except as I will explain below). It may be illegal under regulations that specifically target phone companies, and I don't know anything about that. But those agencies certainly would and could help you.

However, under general Virginia law, it is "legal" not to post any price... just rather strange. By posting the price, they are getting you to agree to pay that price.

So how does this work? You do not sit down and sign a contract with the phone company to make 3 phone calls.

It is the same as ordering from a restaurant. The menu says "Hamburger $8.95." You say "I'll have a hamburger." You DON'T say (probably) "AND I AGREE TO PAY YOU $8.95 FOR YOUR HAMBURGER."

So do you have to pay ? Yes. When you saw the price posted on the menu $8.95, and then said "I'll take it." You are agreeing to pay the $8.95 posted price.

It is the same with a pay phone. When it says "Phone calls $.50" by using the phone you are saying "yes" and agreeing to pay $.50.

But how can you agree to pay a price that is not posted?

If there is *NO* posted price on the pay phone, then it would have to be assumed that you are going to pay the "going price" -- $0.50 for a local call (or less).

So if you made 3 calls, you agreed to pay the NORMAL going rate that is TYPICAL for pay phones.

You did NOT agree to pay $35 for calls.

I am assuming these were LOCAL calls, right? In any event, you were agreeing to pay the typical, going rate.

So, you could sue them (because they already got your money on your debit card) in small claims court. (Do it in General District Court, because it will end up there anyway. Don't waste your time in small claims court, because their attorney will HAVE to move it to GDC).

You should sue them for deceptive practices, which gives you 3 times what you lost, and possibly a minimum amount.

I am drawing a blank on the name of the statute right now. But it is a VERY useful statute for consumers.