- Publication Date
- 26 November 2015
- Case Reference
- Track 2
- Adjudicated Party
- Technology and communication Limited
- Service Type
- Tribunal's final assessment
- Very Serious
- 4.8.2 (b) Sanctions
4.8.2 (g) Sanctions
- Breaches raised
- Code 13 4.8.5 (b) Sanctions
A service provided by the Level 2 provider Technology and Communication Limited (“the Level 2 provider”) was the subject of a PhonepayPlus investigation and adjudication (case reference: 60325), which resulted in sanctions being imposed by a Tribunal on 3 September 2015. The sanctions imposed by the Tribunal were a formal reprimand, a fine of £60,000, a requirement that the Level 2 provider submits all Service promotional material that was intended for publication to PhonepayPlus for compliance advice for a period of one month from the date of the decision. Such advice was to be sought within two weeks of the date of publication of the decision and thereafter implemented by the Level 2 provider within two weeks of such advice being provided (subject to any extension of time agreed with PhonepayPlus) to the satisfaction of PhonepayPlus, and a requirement that the Level 2 provider must refund all consumers who claimed a refund, for the full amount spent by them on the Service, within 28 days of their claim, save where there was good cause to believe that such claims were not valid, and provide evidence to PhonepayPlus that such refunds had been made. In addition, an administrative charge of £9,685.24 was imposed.
The Level 2 provider failed to pay the full amount of the fine in the time period specified.
The Executive raised the following potential breaches of the PhonepayPlus Code of Practice (13th Edition) (“the Code"):
- Paragraph 4.8.5 (b) – Failure to comply with a sanction
The Tribunal upheld the breach of the Code. The Tribunal considered the breach 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 three years, starting from the date of publication of this decision, or until payment of the outstanding fine and the instant administrative charges, whichever is the later.
Administrative charge recommendation: 100%