Adjudication
- Publication Date
- 17 March 2016
- Case Reference
- 71959
- Procedure
- Track 2
- Adjudicated Party
- Cellso Ltd
- Service Type
- Video
- Tribunal's final assessment
- Sanctions
- Breaches raised
- Code 12 2.3.4 Fairness
- Summary
Between 9 February 2015 and 22 January 2016, the Executive received 158 complaints concerning a glamour video subscription service, charged at £3 per week, operating on dedicated shortcode 80027, and shared shortcodes 66033, 88150, and 82999 (the “Service”). The Level 2 provider for the Service was Cellso Limited (the “Level 2 provider”). The Level 1 provider for Service shortcode 66033 was Zamano Solutions Limited. The Level 1 provider for Service shortcode 80027 was Fonix Mobile Limited. The Level 1 provider for Service shortcodes 82999 and 88150 was Veoo Ltd.
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 breach of the PhonepayPlus Code of Practice (the "Code"):
The Tribunal, having considered all the evidence, did not uphold the alleged breach, for the reasons given in the adjudication.
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