- Publication Date
- 4 August 2020
- Case Reference
- Adjudicated Party
- Sarusy, Ofir
- Service Type
- Not relevant
- Tribunal's final assessment
- 4.8.3 (g) Sanctions
- Breaches raised
The Tribunal was asked to consider imposing a prohibition against Mr Ofir Sarusy pursuant to paragraph 4.8.3(g) of the 14th edition of the Phone-paid Services Authority (“PSA”) Code of Practice (the “Code”).
The case related to two previous adjudications against the Level 2 provider, Tobaji Ltd. The first adjudication which was dated 13 September 2018 (case reference: 130464) involved a call-connection service. The second adjudication that was dated 12 December 2019 (case reference: 178293) related to a failure to comply with the financial sanctions imposed by the Tribunal on 13 September 2018.
On 12 December 2019, the Tribunal recommended that the Executive consider a prohibition in accordance with paragraph 4.8.3(g) of the Code against Mr Sarusy, the primary contact for the Level 2 provider on the PSA Registration Scheme and the registered director of the company.
The Tribunal decided to prohibit Mr Sarusy from providing, or having any involvement in, any premium rate service in the UK for a period of five years from the date of publication of this decision.
The Tribunal considered that this was a proportionate sanction, having considered all the facts of the case and the nature of the series of seven breaches of the Code, including breaches of Special conditions, that had been upheld by the earlier Tribunals.
Administrative charge recommendation: 100%