- Publication Date
- 31 March 2021
- Case Reference
- Track 2
- Adjudicated Party
- Globo Mobile Kommunikation UG
- Service Type
- Virtual Gifts
- Tribunal's final assessment
- Very Serious
- 4.8.3 (b) Sanctions
4.8.3 (g) Sanctions
4.8.3 (j) Sanctions
4.8.3 (d) Sanctions
- Breaches raised
- Code 14 2.2.3 Transparency and Pricing
Code 14 2.3.3 Fairness
Code 14 4.2.3 Obligations of Providers of premium rate services
The case concerned a voucher subscription service called “Voucher Promotions”, which operated on a PIN opt-in flow using shortcode 65202.
The Level 2 provider for the Service was Globo Mobile Kommunikation UG.
The Service was charged at £4.50 per month to receive monthly discount voucher codes and sale notifications, for brands and retailers via text message (SMS) to a mobile phone number (MSISDN).
The Service was registered with the PSA on 17 January 2018.
The Executive sent a Warning Notice to the Level 2 provider in which the following breaches of the PSA’s Code were raised:
- Rule 2.3.2 – Misleading
- Rule 2.3.3 – Consent to charge
- Paragraph 4.2.3 – Failure to provide information.
Having regard to all the circumstances of the case, the Tribunal decided to impose the following sanctions:
- a formal reprimand
- a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of five years, starting from the date of publication of the Tribunal decision
- 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 such claims are not valid, and provide evidence to the PSA that such refunds have been made
- a fine of £750,000 broken down as follows:
Rule 2.3.2 - £250,000
Rule 2.3.3 - £250,000
Paragraph 4.2.3 - £250,000.
Administrative charge recommendation: 100%