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It’s always “funny” to me when I see private companies and establishments trying to “fine” their customers. I refuse to pay, what are you going to do? Would th

• avianlyric 3y ago
  You know what a breach of contract is right? That’s basically what civil court exist to adjudicate, and why bailiffs exist. As long as the contract isn’t judged as being unfair (which is very unlikely), then yeah a court will uphold it, and court bailiff will confiscate property to see the fine paid.
  • deleted 3y ago
    [deleted]
  • jncfhnb 3y ago
    That’s not accurate. I mean yeah you qualified this by saying it could be unfair but generally speaking this is not right. Bailiffs won’t be seizing your property unless there’s some sort of specific consideration (like a specific unique item that is owed), damages owed (determined by a court), or a belief that the consideration for the payment is already there, which is pretty clearly false for a fine.
    • avianlyric 3y ago
      I think we’re getting hung up on the word fine where. Obviously T-Mobile have no right to “fine” individuals in the same way the government can. But they do have the right to include provisions for monetary consequences for violations of their code-of-conduct into their business agreements. And T-Mobiles customers (I.e. people like Bandwidth), can add provisions to pass those monetary consequences onto their customers in their contracts. Those contract provisions will create a consideration for payment between T-Mobile and their business partner, if their partner breaches the code-of-conduct, and a court will absolutely enforce those provisions. Eventually a court appointed bailiff will be instructed to recover the debt via the confiscation of assets, whether those assets are cash or other property will be entirely down to the solvency of the business the debt is being recovered from.
      • jncfhnb 3y ago
        No, they cannot. This won’t fly. There is no consideration and no damages. It’s not a legal contract. A company can voluntarily agree to these rules. But they cannot be forced into them. It would be different if T Mobile was suffering as a result of these incidences. A court can ultimately do whatever the fuck it wants, sure, but one would expect it not to work.
        • avianlyric 3y ago
          > No, they cannot. This won’t fly. There is no consideration and no damages. It’s not a legal contract. You seem to be operating under the assumption that gateway providers like Bandwidth don’t all have contracts with T-Mobile which provisions for fines etc in them. I can guarantee you they do, there is zero chance that you can connect to T-Mobile network without entering into an air tight contract with them, which includes clauses to allow T-Mobile to unilaterally bill you for violations of the code-of-conduct. How on earth are T-Mobile meant to provide any kind of service to gateways if they can’t write contracts with usage billing, and punitive clauses for bad behaviour, which courts will uphold. You’re basically suggesting that T-Mobile aren’t allowed to dictate how gateways use T-Mobile network, they either have to allow people to abuse their network, or simple not allow people to use their network. Which is patently ridiculous.
• rsynnott 3y ago
  Highly unlikely they’d ever bother to go to court. In practice, this is a method of getting rid of spammers; the spammer will just leave a permanent negative balance, I’d expect.
  • constrain5795 3y ago
    The spammer will leave a permanent negative balance, which will leave bandwidth and other providers out that money with little chance of recouping it from the scammers who will just abandon the account and start a new one...