- Publication Date
- 11 June 2015
- Case Reference
- Track 2
- Adjudicated Party
- New Business Start Up Ltd
- Service Type
- 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
- Code 12 4.8.4 (b) Sanctions
Code 12 4.10.2 Administrative Charge
A service provided by the Level 2 provider New Business Start-Up LTD, formerly known as BKings Group Limited and BKings Telecommunications Limited (the “Level 2 provider”) was the subject of a PhonepayPlus investigation and adjudication (case reference: 45162), which resulted in sanctions being imposed by a Tribunal on 13 November 2014. The sanctions imposed by the Tribunal were a formal reprimand, a fine of £40,000, a requirement that the Level 2 provider seek compliance advice for the service and any other services that it operates within two weeks of the date of publication of the decision and thereafter implement that advice within two weeks (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 claim a refund, for the full amount spent by them on the service, within 28 days of their claim, save where there is good cause to believe that such claims are not valid, and provide evidence to PhonepayPlus. In addition, an administrative charge of £15,565.40 was imposed.
The Level 2 provider failed to pay the fine and administrative charge in the time period specified and failed to comply with the refund sanction.
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 both of the breaches of the Code. 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 three years, starting from the date of publication of this decision, or until payment of the refunds, the outstanding fine and the original and instant administrative charges, whichever is the later.
Administrative charge recommendation: 100%