By continuing to browse our site, you are consenting to the use of cookies.
Click here for more information on the cookies we use. Hide

Quick Links

Adjudication

Publication Date
09 November 2016
Case Reference
77718
Procedure
Track 2
Adjudicated Party
SKYBYTES LIMITED
Service Type
Video
Tribunal's final assessment
Very Serious
Sanctions
4.8.3 (b) Sanctions
4.8.3 (d) Sanctions
4.8.3 (a) Sanctions
4.8.3 (i) Sanctions
Breaches raised
Code 13 2.3.3 Fairness
Summary

Between 1 June 2015 and 26 July 2016, the Executive received 86 complaints concerning a glamour video subscription service, charged at £4.50 per week on shortcode 84507, under the brand name “Glamour Content” (“the Service”).

The Level 2 provider for the Service was Skybytes Ltd (“the Level 2 provider”). The Level 1 provider for Service shortcode 84507 was Zamano Solutions Ltd.

Complainants variously alleged that the Service charges were unsolicited.

The Executive raised the following potential breach of the PhonepayPlus Code of Practice (the "Code"):

  • Rule 2.3.3 – Consent to charge

The Tribunal upheld the breach of the Code raised. The Level 2 provider’s revenue in relation to the Service was in Band 2 (£500,000 to £999,999). The Tribunal considered the case to be very serious and imposed a formal reprimand, and a fine of £135,000. The Tribunal also imposed a requirement that the Level 2 provider remedy the breach by ensuring that it has robust verification of each consumer’s consent to be charged before making any further charge to the consumer, including for existing subscribers to the Service. The Tribunal also imposed a requirement that the Level 2 provider must refund all consumers who claim a refund, for the full amount spent by them on the Service, within 28 days of their claim, save where there is good cause to believe that such claims are not valid, and provide evidence to PhonepayPlus that such refunds have been made. 

Administrative charge recommendation:                                                                             100%

Click here to view the Adjudication decision