- Publication Date
- 4 September 2014
- Case Reference
- Track 2
- Adjudicated Party
- Carr, Dale
- Service Type
- Tribunal's final assessment
- Code 12 para 4.8.2g - Prohibition all PRS
- Breaches raised
The Tribunal was asked to consider imposing a prohibition against Mr Dale Saul Carr pursuant to paragraph 4.8.2(g) of the 12th edition of the PhonepayPlus Code of Practice (the “Code”).
The case related to an adjudication against the Level 2 provider (the “Level 2 provider”) CommandM PTY. Limited (11 July 2013, case reference 18062), which concerned a virus and malware facts subscription service (the “Service”).
Following an adjudication against the Level 2 provider (23 January 2014, case reference: 30361), which concerned a breach of the sanctions imposed by the Tribunal of 11 July 2013 and non-payment of the associated administrative charges, a Tribunal instructed the Executive to initiate the process which may lead to the prohibition of Mr Dale Saul Carr, (an associated individual) pursuant to paragraph 4.8.2(g) of the Code.
The Tribunal concluded that Mr Dale Saul Carr was an associated individual and had been knowingly involved in a serious or series of breaches of the Code.
Taking into account all of the circumstances, the Tribunal prohibited Mr Dale Saul Carr from providing, or having any involvement in, any premium rate service for a period of three years from the date of publication of this decision.