- Publication Date
- 28 January 2016
- Case Reference
- Track 2
- Adjudicated Party
- Mobile & E.Mails Limited
- Service Type
- Tribunal's final assessment
- Very Serious
- Code 12 para 4.8.2b - Formal reprimand and/or warning
Code 12 para 4.8.2d - Fine
Code 12 para 4.8.2i - General refunds
- Breaches raised
- Code 12 4.2.4 Investigations
Code 12 2.3.3 Fairness
Code 12 2.3.11 Fairness
Between 16 March 2015 and 28 October 2015, the Executive received 59 complaints concerning a glamour video subscription service, charged at £3 per week, operating on dedicated shortcode 69877 and shared shortcodes 88222, 80252, 89225 and 81300 (the “Service”). The Level 2 provider for the Service was Mobile and E.mails Limited (the “Level 2 provider”). The Level 1 provider for Service shortcodes 69877, 8822 and 80252 was IMImobile Europe Limited (“IMImobile”) (since renamed Wireless Information Network Ltd). The Level 1 provider for Service shortcodes 89225 and 81300 is Veoo Ltd (“Veoo”).
Complainants variously alleged that the Service charges were unsolicited. In addition, after analysing complainant message logs, the Executive noted that there was a high failure rate of chargeable messages following the purported consumer opt-ins, and the delivery status of Service messages was unclear.
The Executive raised the following potential breaches of the PhonepayPlus Code of Practice (the "Code"):
- Paragraph 4.2.4 – Provision of false information to PhonepayPlus
- Rule 2.3.3 – Consent to charge
- Rule 2.3.11 – Method of exit
The Tribunal upheld all breaches of the Code raised. The Level 2 provider’s revenue in relation to the Service was in Band 2 (£500,000 - £999,999). The Tribunal considered the case to be very serious and imposed a formal reprimand, a fine of £250,000, 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 that such refunds have been made.
Administrative charge recommendation: 100%