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Adjudication

Publication Date
06 October 2017
Case Reference
12844
Procedure
Track 2
Adjudicated Party
Golden Brand Inc
Service Type
Video
Tribunal's final assessment
Very Serious
Sanctions
4.8.3 (b) Sanctions
4.8.2 (d) Sanctions
4.8.3 (j) Sanctions
4.8.3 (g) Sanctions
Breaches raised
Code 14 2.3.3 Fairness
Code 13 4.2.4 Investigations
Code 14 3.4.8 Registration
Summary

An adult video subscription service provided by the Level 2 provider Golden Brand Inc (“the Level 2 provider”) was the subject of a previous Tribunal adjudication on 26 May 2016 (case reference 85964).

Since this adjudication, the Phone-paid Services Authority (“PSA”) had received 16 new complaints alleging that messages received from the service were unsolicited. 

The executive raised the following breaches of the PSA Code of Practice (13th and 14th Editions) in relation to the 16 new complaints:
•    Paragraph 2.3.3 – Consent to charge;
•    Paragraph 4.2.4 – Provision of false/misleading information;
•    Paragraph 3.4.8 – failure to renew registration.

The Tribunal upheld all three breaches and found that each was very serious. 

The Tribunal imposed a formal reprimand, a fine of £100,000 and a prohibition on the provider for a period of 5 years. 

The Tribunal also imposed a requirement that the provider refund all users of the service, whether or not they claim a refund.


Click here to view the Adjudication decision