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The case concerned a games subscription service operated by GameNation (UK) Ltd.
The service operated under the brand name “Gamenation” and was charged at £4.50 per month on shortcodes 88450 and 87066.
The Phone-paid Services Authority received 31 complaints in relation to the service. Complainants variously alleged that service charges were unsolicited.
The Tribunal upheld four breaches of the Code in relation to failing to hold consent before charging consumers, failing to provide requested information to the Phone-paid Services Authority, failing to provide consumers with required subscription reminders and failing to register with the Phone-paid Services Authority.
The Tribunal imposed a formal reprimand, a fine of £200,000, and a requirement that access to the service is barred until compliance advice regarding GameNation (UK) Ltd’s procedures for ensuring that it only charges consumers for whom it holds robust and verifiable evidence of consent to charge has been obtained and implemented to the satisfaction of the Phone-paid Services Authority.
The Tribunal also imposed a requirement that the 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 the Phone-paid Services Authority that such refunds have been made.
To view the full decision for the GameNation (UK) Ltd adjudication please see the full adjudication.