A service provided by the Level 2 provider Blue Triangle Technology Limited (the “Level 2 provider”) was the subject of a PhonepayPlus investigation and adjudication (case reference: 57739), which resulted in sanctions being imposed by a Tribunal on 25 June 2015. The sanctions imposed by the Tribunal were a formal reprimand, a fine of £20,000, a requirement that the Level 2 provider seek compliance advice for the Service and any other services that it operates within two weeks of the date of publication of the decision and thereafter implements that advice within two weeks (subject to any extension of time agreed with PhonepayPlus) to the satisfaction of PhonepayPlus, for a period of 12 months from the date of publication of the decision, and a requirement that the Level 2 provider must refund 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. In addition, an administrative charge of £10,809 was imposed.
The Level 2 provider failed to pay the fine and administrative charge in the time period specified.
The Executive raised the following potential breaches of the PhonepayPlus Code of Practice (the "Code"):
- Paragraph 4.8.5(b) – Failure to comply with sanctions
- Paragraph 4.10.2 – Non-payment of an administrative charge
The Tribunal upheld all breaches of the Code raised. The Tribunal considered the case to be serious and issued a formal reprimand and imposed a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of two years, starting from the date of publication of this decision, or until payment of the refunds, the outstanding fine and the original and instant administrative charges, whichever is the later.
Administrative charge recommendation: 100%