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Adjudication

Publication Date
31 October 2013
Case Reference
30876
Procedure
Track 2
Adjudicated Party
Amazecell
Service Type
Competition - non-scratchcard
Tribunal's final assessment
Very Serious
Sanctions
Code 12 para 4.8.2b - Formal reprimand and/or warning
Code 12 para 4.8.2g - Prohibition all PRS
Breaches raised
Code 12 4.8.4 (b) Sanctions
Summary

A service provided by the Level 2 provider Amazecell Ltd was the subject of a PhonepayPlus investigation and adjudication (case reference 08341), which resulted in sanctions being imposed by a Tribunal on 27 September 2012. The sanctions imposed by the Tribunal included a fine of £300,000 and general refunds. In addition, an administrative charge of £10,117 was imposed.

The Level 2 provider failed to pay the fine within the time period specified.

The Executive raised the following potential breach of the PhonepayPlus Code of Practice (12th Edition) (the "Code")

• Paragraph 4.8.4 (b) – Failure to comply with a sanction

The Tribunal upheld the breach. The Tribunal considered the breach to be very serious. It issued a formal reprimand and a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of three years (starting from the date of publication of this decision), or until payment of the full amount due in the sum of £252,074.77 and the instant administrative charges (£3,875), whichever is the later.

Click here to view the Adjudication decision