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Adjudication

Publication Date
26 May 2016
Case Reference
87232
Procedure
Track 2
Adjudicated Party
Gallagher, Martyn
Service Type
Tribunal's final assessment
Sanctions
4.8.2 (g) Sanctions
Breaches raised
Summary

The Tribunal was asked to consider a prohibition against Mr Martyn Gallagher pursuant to paragraph 4.8.2(g) of the 13th Edition of the PhonepayPlus Code of Practice (the “Code”).

The case related to adjudications against the Level 2 provider (the “Level 2 provider”) New SMS Media Limited, one of which (29 October 2015, case reference: 81837) concerned breaches of the sanctions imposed by an earlier Tribunal (23 July 2015, case reference: 29396) and non-payment of the associated administrative charges. The case on 23 July 2015 concerned adult and glamour video subscription services operated by the Level 2 provider (the “Service”).  In that adjudication,  the Level 2 provider was found to have not treated consumers fairly and equitably (as an application used to market the Service suppressed service messages), to have charged consumers without holding evidence of their consent, and to have marketed the Service by sending a “WAP” marketing text to consumers without their consent.

On 29 October 2015, the Tribunal instructed the Executive to initiate the process which may lead to the prohibition of Mr Martyn Gallagher pursuant to paragraph 4.8.2(g) of the Code. 

At the hearing on 12 May 2016, the Tribunal concluded that Mr Martyn Gallagher was an individual associated with the Level 2 provider and had been knowingly involved in a series of very serious breaches of the Code. 

Taking into account all the circumstances, the Tribunal prohibited Mr Martyn Gallagher from providing, or having any involvement in, any premium rate service for a period of five years from the date of publication of this decision. 

Administrative charge recommendation:                                                                              100%

Click here to view the Adjudication decision