Upright Line S.A.

Publication Date
5 September 2013
Case Reference
Track 2
Adjudicated Party
Upright Line S.A.
Service Type
Purchase - other
Tribunal's final assessment
Very Serious

Code 12 para 4.8.2b - Formal reprimand and/or warning
Code 12 para 4.8.2g - Prohibition all PRS

Breaches raised

A service provided by the Level 2 provider Upright Line S.A. was the subject of a PhonepayPlus investigation and adjudication (case reference 11099) which resulted in sanctions being imposed by a Tribunal on 18 April 2013. The sanctions imposed by the Tribunal included a fine of £200,000 and general refunds. In addition, an administrative charge of £12,009.30 was imposed.

The Executive raised the following potential breaches of the PhonepayPlus Code of Practice (12th Edition) (the "Code"):

• Paragraph 4.8.4 (b) – Failure to comply with a sanction
• Paragraph 4.10.2 – Non-payment of an administrative charge

The Tribunal upheld the breaches. The Tribunal considered the breaches to be very serious. It issued a formal reprimand 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 fine and original and instant administrative charges, whichever is the later.