[asterisk-biz] Legal actions in case of lost DIDs.

[Trixter aka Bret McDanel]

-----Original Message-----
   >From: "Tomer Horn"<thorn at ivrit.org.il>
   >Assuming you provide DIDs (country is not important, or maybe it does?), 

It does, as each country has its own laws.


   >and you serve your customers with those DIDs for a long period, suddenly 
   >you lose the control and the ability to provide those DIDs to your 
   >customers - what happens, legal-wise?
   >

That depends...  


   >This is the case of Nufone as we all know (and others, which aren't 
   >mentioned).
   >
   >- Is there any base for legal actions against the provider?

while some less informed may say yes, the reaty is not always.  
Was there a user agreement or other contract that you entered that forbids legal aaction against the provider?  
does the law in that country prohibit cases like this?

If you file something and lose the case, the judge/magistrate can order you to pay all costs including the legal costs of the entity you sued.  In that case the only person that gets hurt is you.


   >- Can the customer do anything about the fact he lost his business' DID?

That depends  on the tort law of the jurisdiction as well as any user agreements/contracts and local laaws governing these types of transactions.

The contract may state that your number can change at any time (broadvoice for example) or that if their duty to provide service is ever in breech all you get is a refund for that month. 

For a tort case typically you need 3 this (very basic view, not accurate in all situations).  Duty, breech, harm.  

Duty is where one person/entity has an obligation to perform some some task.

Breech is when that duty is not fufilled.  Sometimes breech requires intentionally doing something, depends.

Harm is easy, normally it can be financial, reputational, emotional or physical.  Since you insisted on other countries, they may not allow certain types of harm.  The first to go would be emotional, then probably reputational.  It all depends on the specific country.

   >- If not, can VoIP DIDs from such providers be considered safe for 
   >business use?

Depends on the provider.  Some can change at will but generally don’t.  Even real phone companies can, although they normally don’t.  Generally, you are safer if you get from the source.  If the number is sold via a chain of people any link breaks and you are out of luck...


   >- How does the customer sees VoIP if he is aware (or doesn't) of the 
   >fact the DID might be in such a risk?
   >- Can we depend on such providers?

Depends on the specific provider, culture there, etc.  The risk in some areas is just as great from the real telco, so people may not care as much.

You have been too vague to ally answer in anything than an overly generic way.