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Adjudication

Publication Date
06 September 2017
Case Reference
13507
Procedure
Track 2
Adjudicated Party
TijaMobile Ltd
Service Type
Not relevant
Tribunal's final assessment
Very Serious
Sanctions
4.8.2 (b) Sanctions
4.8.3 (a) Sanctions
4.8.3 (g) Sanctions
Breaches raised
Code 14 Non compliance of sanction
Summary

A service provided by the Level 2 provider Tijamobile Limited (the “Level 2 provider”) was the subject of a previous Phone-paid Services Authority (“PSA”) Tribunal adjudication on 8 December 2016 (case reference: 72141). The sanctions imposed by the Tribunal were:

  • a formal reprimand;
  • a fine of £500,000;
  • 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;
  • a requirement that the Level 2 provider submit to a compliance audit of its procedures for ensuring that consumers (including existing subscribers) were not charged unless the Level 2 provider held robust evidence of those consumers’ consent to be charged. The audit to be carried out by a third party approved, and to a standard prescribed, by the PSA, and the costs of such audit are to be paid by the Level 2 provider. The audit must be completed and the recommendations implemented within a period specified by the PSA and;
  • a requirement that the Level 2 provider 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 the PSA that such refunds have been made. In addition, an administrative charge of £19,906.11 was imposed.

The Level 2 provider failed to comply with the fine sanction.

The Executive raised the following potential breaches of the PSA Code of Practice (14th Edition) (“the Code”)

  • Paragraph 4.8.6(b) – Failure to comply with a sanction

The Tribunal upheld the breach of the Code raised. The Tribunal considered the case to be very serious and imposed a formal reprimand, a requirement that the Level 2 provider remedy the breach by paying the outstanding fine, and a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of five years, starting from the date of publication of this decision, or until the breaches are remedied by payment of the outstanding fine and the instant and original administrative charges, whichever is the later.

Administrative charge recommendation: 100%

Click here to view the Adjudication decision