Surestream Digital Limited 157651
|Publication date||02 August 2022|
|Adjudicated party||Surestream Digital Limited 157651|
|Service type||Any Subscription Service|
|Tribunal's final assessment||Serious|
Code 15 -
Code 15 - 5.8.5 (b)
Code 15 - 5.8.5 (d)
Code 15 - 5.8.5 (i)
Code 15 - 5.8.8 (c)
Code 15 -
Code 15 - 2.3.2
This case was brought against Surestream Digital Limited (“the Merchant”) under Paragraph 5.4 of the 15th Edition of the Code of Practice (“the Code”).
This case concerned a Lottery results alert service provided by the Merchant. The Service was registered and operated under the brand name “Lottery Results”.
The Service operates on a PIN opt-in flow and uses short code 82222 for Service terminations (the “Service”). The Service is a subscription service charging 25p per text message (“SMS”) which details the winning lottery numbers after each draw. The subscriber receives an SMS for each lottery draw. The Service is no longer promoting and is no longer obtaining new traffic, but is still billing existing subscribers.
The PSA received 198 complaints regarding the Service. The complainants alleged that they recall checking the lottery results but did not recall it being a subscription service or anything stating that there would be a charge. Complainants also stated that when they tried to contact the Merchant, the number just rang and no one answered their calls.
The following breaches of the PSA’s Code were raised in the Enforcement notice:
Breach 1 – Rule 2.2.7 - £80,000
Administrative charge recommendation: 50%
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