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Adjudication

Publication Date
04 September 2014
Case Reference
47777
Procedure
Track 2
Adjudicated Party
Feingold, Ran
Service Type
Tribunal's final assessment
Sanctions
Breaches raised
Summary

The Tribunal was asked to consider imposing a prohibition against Mr Ran Shemuel Feingold pursuant to paragraph 4.8.2(g) of the 12th edition of the PhonepayPlus Code of Practice (the “Code”).

The case related to an adjudication against the Level 2 provider (the “Level 2 provider”) CommandM PTY. Limited (23 January 2014, case reference: 30361), which concerned a breach of the sanctions imposed by an earlier Tribunal (11 July 2013, case reference 18062) and non-payment of the associated administrative charges. The case on 11 July 2013 concerned a virus and malware facts subscription service (the “Service”).

On 16 June 2014, after considering further information provided by the Executive relating to an initial instruction to instigate the process in respect of other associated individuals, the Chair of the 23 January 2014 Tribunal instructed the Executive to initiate the process which may lead to the prohibition of Mr Ran Shemuel Feingold, (an associated individual) pursuant to paragraph 4.8.2(g) of the Code.

The Tribunal concluded that Mr Ran Shemuel Feingold was an associated individual for two days of the relevant period. However, it found there was insufficient evidence to establish that Mr Ran Shemuel Feingold was knowingly involved in a serious and/or series of breaches of the Code. Accordingly, the Tribunal did not impose a prohibition.

Click here to view the Adjudication decision