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Adjudication

Publication Date
10 July 2017
Case Reference
10205
Procedure
Track 2
Adjudicated Party
Mark Cross
Service Type
Not relevant
Tribunal's final assessment
Serious
Sanctions
4.8.3 (c) Sanctions
4.8.3 (e) Sanctions
4.8.3 (d) Sanctions
4.8.3 (i) Sanctions
Breaches raised
Code 13 2.2.7 Rules relating to pricing
Code 12 2.2.5 Rules relating to pricing
Code 14 2.2.7 Rules relating to pricing
Code 12 2.2.1 (a) Transparency and Pricing
Code 13 2.2.2 Transparency and Pricing
Code 14 2.2.2 Transparency and Pricing
Code 12 2.5.9 Avoidance of harm
Code 13 2.5.9 Avoidance of harm
Code 14 2.5.9 Avoidance of harm
Code 12 3.4.1 Registration
Code 12 4.2.4 Investigations
Code 13 4.2.4 Investigations
Summary

The service operated under the brand name “The Dogging Club” and was charged at £4.50 per day/ £1.50 per text (maximum 3 texts per day). The Tribunal upheld five breaches of the Code in relation to a failure to provide clear pricing information, a failure to fully and clearly inform consumers of all the key information, a failure to provide consumers with safety advice, the provision of false and misleading information to the PSA and a failure to register the services as required.

The Tribunal imposed a formal reprimand, a fine of £5,000, a requirement that the provider obtain and implement compliance advice, a bar on access to the service until the provider obtains and implements  compliance advice and a requirement that the provider obtains prior permission before operating any premium rate services for a period of 5 years from the date of publication of the Tribunal decision. The Tribunal also imposed a requirement that the Level 2 provider refund all consumers who claim a refund.

Click here to view the Adjudication decision