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Legal "silence as acceptance" question...?

My city-run Utility company recently(4-5 months ago) sent out a flyer announcing their new "round up" program. They will round YOUR utility bill up to the next dollar and use the money generated to pay the utility bills of the "needy". If you do not want to participate you are required to fill the back of the flyer out and bring it to the office.

For now I won't go into the issue of who determines need or the great likelyhood that greedy scum will abuse the program, and go right to the ethical and legal problem I have with the method of collecting.

This program is set up to default to taking your money. I have already met someone who, several months into the program, just noticed that they were "donating". They, like many others removed their bill and tossed the "junk" in the envelope in the trash. I think this falls under "silence as acceptance" and is not only unethical but illegal. I am curious as to the possibility of bringing a class action against the city.

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  • Anonymous
    1 decade ago
    Favorite Answer

    In many states this "negative response" option is not legal. The local cable company tried that where I live and got their hand slapped. You need to find out if it is in your state or city. A call to the city attorney general or other legal department should give you the answer. Hopefully, they will answer honestly. They should give you the reference if you ask for it and you can look it up and see for yourself.

  • ?
    Lv 4
    5 years ago

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  • Anonymous
    1 decade ago

    First thing to do is talk to a lawyer, and find out your options which may include a class action. The best way I know of to find out your legal options and responsibilities is with a Pre-Paid Legal membership. It doesn't cost a lot and you get advice anytime you need it as part of the plan. They could walk you through this situation until the point you would need to hare a lawyer, and then they could take care of that to. At a discounted rate no less. It's worth checking out I think.

  • 1 decade ago

    I'd try to organize a class action case if I were you. Some op-out only plans are legal, but if this is a city run utility, you can make a case that what they are imposing is a tax. Then find out the rules for raising taxes in your city, and see if they were followed.

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  • 1 decade ago

    I can understand where you're coming from in one sense. Yes, I think it falls under that category, but think about who would have to pay if you sue. You, the taxpayer. Is that really the best solution?

    It's not a bad program in and of itself, but the city should be compelled to advertise it's intentions boldy, in the local paper, by radio and directly on the statement itself, in big, bold lettering, not in fine print. And, I think it should be reversed. You should voluntarily sign up for the program, not have to sign up to opt out.

    But I wouldn't sue. You will pay the price of a lawsuit, in higher taxes.

  • 1 decade ago

    I agree with you. They should have done it the same way ours does, by requiring you to check a box on your payment statement when you mail it back in order to agree to do it. Your utility company's pulling a fast one.

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