Question
You have been contacted by telephone by a person who says he is the father of an adult who has intellectual difficulties. The caller informs
You have been contacted by telephone by a person who says he is the father of an adult who has intellectual difficulties. The caller informs you that a client representative from your organisation contacted his son by phone and signed him up for a service which he does not want and cannot afford. The caller says any reasonable person talking to his son would realise that he had a disability. There is a recording of the phone call verifying that the son agreed to provision of the service.
The caller indicated that unless the contract is cancelled straight away that he will go to the media with his complaint.
Consider this situation and identify the legislation involved and what steps need to be taken to resolve the situation.
Consider in your answer:
- What are the legal implications and the action you are going to take?
- How do you know the caller is the client's father? What checks could you make and should you make any?
- Would you try to deal with the issue with the person there and then or would you offer to investigate, perhaps escalate the problem and contact the caller later?
- Have consumer legislation provisions for unconscionable conduct been breached?
- Does the fact that the caller has threatened to go to the media influence any action that should be taken?
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