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Boyle, Simon

Publication Date
2 August 2019
Case Reference
168254
Procedure
Track 2
Adjudicated Party
Boyle, Simon
Service Type
Not relevant
Tribunal's final assessment
Sanctions
4.8.3 (g) Sanctions
Breaches raised
Summary

The Tribunal was asked to consider imposing a prohibition against Mr Simon Boyle pursuant to paragraph 4.8.3(g) of the 14th edition of the Phone-paid Services Authority Code of Practice (the “Code”).

The case related to an adjudication against the Level 2 provider Flipcove Limited dated 03 December 2018 (case reference: 142651). This case concerned the Level 2 provider intentionally charging consumers when it knew that it did not hold robust evidence of consent to charge.

The Tribunal decided to prohibit Mr Boyle from providing, or having any involvement in, any premium rate service for a period of 5 years from the date of publication of this decision.

In making this decision, the Tribunal noted that that Mr Boyle’s behaviour and involvement in the very serious breach of the Code merited a prohibition of 5 years’ duration in order to achieve the objective of deterring both poor practice within the industry and to prevent the individual from continuing to engage in such non-compliant behaviour.

The Tribunal was satisfied that five years was an appropriate period, taking into account the nature of the very serious breach upheld by the earlier Tribunal and the amount of the outstanding fines and administrative costs.

Administrative charge recommendation 100%