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Adjudication

Publication Date
26 November 2015
Case Reference
73957
Procedure
Track 2
Adjudicated Party
Sensoria Communications Limited
Service Type
Tribunal's final assessment
Moderate
Sanctions
4.8.2 (b) Sanctions
4.8.2 (d) Sanctions
4.8.2 (c) Sanctions
Breaches raised
Code 12 3.3.1 Contracts
Summary

On 14 May 2015, the Tribunal adjudicated against a video subscription service (the “Service”) operated by the Level 2 provider, Infernal Publishing Ltd (the “Level 2 provider”). 

The Tribunal had upheld breaches of the PhonepayPlus Code of Practice (12th edition) (“the 12th Code”) against the Level 2 provider in relation to the inadequate provision of information likely to influence the decision to purchase, failure to obtain consumers’ consent to charge, and a lack of prominent pricing information and the identity of the Level 2 provider on promotional material for the Service. 

The Level 1 provider in relation to this case was Sensoria Communications Limited (the “Level 1 provider”). During the course of the investigation against the Level 2 provider, the Executive had concerns regarding the adequacy of the Level 1 provider’s due diligence procedures on its client , as required by the Code. 

The Executive raised the following potential breach of the Code: 

  • Paragraph3.3.1 - Due diligence 

The Tribunal upheld the breach of the Code. The Level 1 provider’s revenue in relation to the Service was in Band 6 (£5,000 - £49,999). The Tribunal considered the case to be moderate and imposed a formal reprimand, a fine of £3,000 and a requirement that the Level 1 provider seek compliance advice on its due diligence processes and procedures within two weeks of the date of publication of this decision and thereafter implement that advice within two weeks (subject to any extension of time agreed with PhonepayPlus) to the satisfaction of PhonepayPlus; 

Administrative charge recommendation:                                                                                  100%


Click here to view the Adjudication decision