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Adjudication

Publication Date
02 May 2013
Case Reference
11099
Procedure
Track 2
Adjudicated Party
Upright Line S.A.
Service Type
Purchase - other
Tribunal's final assessment
Very Serious
Sanctions
Code 12 para 4.8.2b - Formal reprimand and/or warning
Code 12 para 4.8.2d - Fine
Code 12 para 4.8.2i - General refunds
Breaches raised
Code 12 2.3.2 Misleading
Summary

Between 6 August 2012 and 18 March 2013, the Executive received 148 complaints from members of the public regarding a subscription competition service operated under three brand names (Ustra, Oxyra and Ergma) by the Level 2 provider, Upright Line SA (the "Service"). The Service operated on a on the premium rate shortcodes 64055 and 79910 and via Payforit and cost £10 every three days.

Consumers were routed to the Service landing page by affiliate marketing. Some consumers stated that they had been misled into accessing the Service landing pages and as a result had inadvertantly incurred premium rate charges. Monitoring of the Service by PhonepayPlus found that the Service was promoted by affiliate marketing that offered consumers "free" products or services, such as, live streaming of the London Olympics or Xbox gaming codes. However, the incentives offered did not materialise and consumers were led to the Service landing pages.

 

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