- Publication Date
- 14 November 2013
- Case Reference
- Track 2
- Adjudicated Party
- Amectro Ltd
- Service Type
- Mobile download
- Tribunal's final assessment
- Breaches raised
Between 26 September 2012 and 18 June 2013, PhonepayPlus received 19 complaints from consumers in relation to a pay-per-stream glamour video download service (the “Service”). It was operated by the Level 2 provider Amectro Ltd, under the brand names “Home Fun”, “Sexy hot babes!” and others. The Service operated on the premium rate shortcode 89800 and cost £3.00 for 24 hours access or £3.00 per download depending on the consumer’s method of entry. The Level 1 provider was Openmarket Limited. The Service operated between 8 February 2011 and 12 March 2013, when it was voluntarily suspended the by Level 1 provider.
The majority of complainants stated that they had not engaged with the Service but had been charged. In addition, some complainants stated that they had not received any Service messages and the charges were unsolicited. Certain complainants acknowledged receiving messages from the Service but stated that they were unsolicited. The maximum cost incurred by a complainant was reported to be £165.00.
The Executive raised the following potential breaches of the PhonepayPlus Code of Practice (12th Edition) (the "Code"):
- Rule 2.3.3 – Consent to charge
- Paragraph 4.2.5 – Failure to disclose information
Prior to commencement of its determination of the breaches, the Tribunal adjourned the case to allow the Executive time to ensure that the Level 2 provider had received the breach letter and was aware of the proceedings.