Emergency Procedure investigation
17 December 2009
PhonepayPlus has launched an emergency procedure investigation following complaints from members of the public and users of the website Gumtree.com about a £10 reverse-billed text message that was sent to them.
PhonepayPlus, the phone-paid services regulator, has launched an emergency procedure investigation under paragraph 8.6.1 of its Code of Practice (11th Edition amended April 2008), following complaints from members of the public and users of the website Gumtree.com about a £10 reverse-billed text message that was sent to them after they had responded to an email/text message which appeared to have been sent by Gumtree.com.
PhonepayPlus has received evidence suggesting that, amongst other issues, the service misleads consumers into thinking they are interacting with Gumtree.com (when Gumtree.com has confirmed it has no involvement with the service) and does not include clear pricing information.
TxtNation Limited has been identified as the Information Provider responsible for the service, and MX Telecom Limited is the Service Provider as defined by the Code. A Tribunal will decide whether the service is in breach of the Code approximately 10 days after PhonepayPlus has received a response from the Information Provider to its emergency procedure notice. In the meantime, the service will be suspended and revenue withheld pending conclusion of the investigation and a decision by the Tribunal.
Other service providers are reminded that enabling this service, or any other services that operate in a similar way, may result in breaches being raised against them.