SNET v. Paul Juchniewich (2011)

MEMORANDUM OF DECISION

This case was tried before the court on October 17, 2011.   The defendant testified that he had never agreed to the advertisement that the plaintiff claimed to have been approved and consented to by the defendant.   Exhibit 1 is a transcript of a recorded conversation between the defendant Paul Juchniewich and Alice Taylor Allen of AT & T recorded on 4/28/08.   The Purpose of the recording:

Page 2:  “As We discussed, this authorization is being recorded with your understanding and permission that this is the same as signing a contract.   Is that correct?”

Mr. Juchniewich:  Yes.”

Miss Allen:  “Please state your position with the company and the company's full name.”

Mr. Juchniewich:  “Allison Tree Service and I'm the owner.”

Page 6 of the recording discusses the charges for running the ad in the Fairfield County Directory and the Fairfield Companion directory which would total “$3,202.80 for the entire year.”  “Mr. Juchniewich:  “Yep” and on page 7:  “That's fine.”

It is clear that the defendant gave his consent to incur the cost of the advertisements to run in the aforementioned telephone directories.   The court finds that it was in the regular course of the phone company's business to make such a recording.   See Section 52–180 Connecticut General Statutes.

Finally, on page 7 of the recording the following conversation occurs:

Ms. Allen:  “So do you authorize the items and charges as we've discussed them.”

Mr. Juchniewich:  “Yes.”

Judgment may enter in favor of SNET Information Services Inc. d/b/a ATT Yellow Pages as against Paul Juchniewich in the sum of $2,751.05 representing the present balance owed, together with costs pursuant to the bill of costs of $360.00.   Furthermore, the court, pursuant to Connecticut General Statutes Section 37–3a, awards prejudgment interest of 10% in the amount of $550 representing two years interest on the sum due.

Skolnick, J.T.R.

Skolnick, David W., J.T.R.