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Adjudication

Publication Date
21 July 2016
Case Reference
87235
Procedure
Track 2
Adjudicated Party
Wing Kee, Cheng
Service Type
Not relevant
Tribunal's final assessment
Sanctions
4.8.2 (g) Sanctions
Breaches raised
Summary

The Tribunal was asked to consider a prohibition against Ms Wing Kee Cheng 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 Technology and Communication Limited (the “Level 2 provider”), one of which (12 November 2015, case reference 85479) concerned breaches of the sanctions imposed by an earlier Tribunal (3 September 2015, case reference 60325). The case on 3 September 2015 concerned a recorded entertainment service 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 consumers were likely to access the Service unintentionally and incur charges due to a “click-call” mechanism), and to have failed to include the name of the Level 2 provider or prominent pricing information in promotions for the Service, as required by the Code. 

On 12 November 2015, the Tribunal instructed the Executive to initiate the process which may lead to the prohibition of Ms Wing Kee Cheng (an associated individual) pursuant to paragraph 4.8.2(g) of the Code. 

At the hearing on 7 July 2016, following the receipt of written representations from Ms Cheng, the Tribunal concluded that Ms Cheng was an associated individual and had been knowingly involved in a number of serious and very serious breaches of the Code.

Taking into account all the circumstances, the Tribunal prohibited Ms Cheng 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