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Adjudication

Publication Date
07 August 2014
Case Reference
45179
Procedure
Track 2
Adjudicated Party
JJP Mobile B.V.
Service Type
Tribunal's final assessment
Very Serious
Sanctions
Code 12 para 4.8.2b - Formal reprimand and/or warning
Breaches raised
Code 12 4.8.4 (b) Sanctions
Code 12 4.10.2 Administrative Charge
Summary

A service provided by the Level 2 provider JJP Mobile B.V. (the “Level 2 provider”) was the subject of a PhonepayPlus investigation and adjudication by a Tribunal on 17 April 2014 (case reference: 04842) which resulted in the imposition of sanctions. The sanctions imposed by the Tribunal were a formal reprimand, a fine of £250,000, a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of eight years (starting from the date of publication of the decision) and a requirement that refunds were paid to 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 that such claims are not valid, and provide evidence to PhonepayPlus that such refunds had been made. In addition, an administrative charge of £13,838.21 was imposed.

The Level 2 provider was notified of the fine and administrative charge by the Executive in a formal notification sent on 30 April 2014. The Level 2 provider failed to pay the fine or administrative charge within the time period specified and on 5 June 2014 the Executive sent a reminder email to the Level 2 provider. A representative of the Level 2 provider responded by email on the same date. In summary, the representative stated that it did not agree with the Tribunal decision of 17 April 2014, the breaches were unfounded and it would not comply with the sanctions imposed. Further, the representative requested that the Executive no longer communicate with the Level 2 provider via email only via post. The Executive requested an up-to-date postal address for future correspondence but did not receive any further response.

Click here to view the Adjudication decision