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Tobaji Limited

Publication Date
28 September 2018
Case Reference
130464
Procedure
Track 2
Adjudicated Party
Tobaji Limited
Service Type
ICSS
Tribunal's final assessment
Sanctions
4.8.3 (d) Sanctions
4.8.3 (i) Sanctions
4.8.3 (c) Sanctions
4.8.3 (e) Sanctions
Breaches raised
Code 14 2.2.1 Transparency and Pricing
Code 14 2.2.2 Transparency and Pricing
Code 14 2.3.2 Fairness
Code 14 3.11.3 Special Conditions
Code 14 3.11.3 Special Conditions
Code 14 3.11.3 Special Conditions
Code 14 3.11.3 Special Conditions
Summary

The case concerned a “Call connection” service operating on the number ranges 0871976XXXX and 0871789XXXX (the “Service”).

The Level 2 provider for the Service is Tobaji Ltd (the “Level 2 provider”). The Level 2 provider had been registered with the Phone-paid Services Authority since 26 January 2017.

The Level 1 provider for the Service was Telecoms World Plc (the “Level 1 provider”). The Network operator for the Service was TalkTalk Communications Ltd (the “Network operator”).

The Executive had received 6 complaints concerning the Service since 2 February 2017. Complainants variously alleged that the Service was misleading and that that they were not made aware of the Service costs.

The Executive raised the following potential breaches of the PSA Code of Practice 14th Edition (“the Code”):

  • Rule 2.2.1 – Transparency and pricing
  • Rule 2.2.2 – Organisation’s identity
  • Rule 2.3.2 – Misleading
  • Paragraph 3.11.3 – Special conditions ICSS 1
  • Paragraph 3.11.3 – Special conditions ICSS 3
  • Paragraph 3.11.3 – Special conditions ICSS 11
  • Paragraph 3.11.3 – Special conditions ICSS 13

The Tribunal upheld six of the breaches of the Code raised. The breach of Paragraph 3.11.3 Special conditions ICSS 1 was not upheld. The Level 2 provider’s relevant revenue in relation to the Service was £661,248.75. The Tribunal considered the case to be Very Serious and imposed a formal reprimand, a fine of £700,000, a direction that compliance advice in respect of the Service be sought and implemented to the satisfaction of PSA and a requirement that the provider remedy the breach to the satisfaction of PSA. The Tribunal also imposed a direction that access to any current or future ICSS service operated on a number or number range within the PSA’s regulatory remit is barred until compliance advice has been sought and implemented to the satisfaction of PSA. The Tribunal also imposed 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 the PSA that such refunds have been made.

Administrative charge recommendation: 95%