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Adjudication

Publication Date
21 March 2018
Case Reference
133553
Procedure
Track 2
Adjudicated Party
Pro Money Holdings Ltd
Service Type
AMR Category Non-broadcaster competitions or quizzes
Tribunal's final assessment
Sanctions
4.8.2 (b) Sanctions
4.8.3 (f) Sanctions
4.8.3 (d) Sanctions
4.8.3 (j) Sanctions
Breaches raised
Code 14 2.3.3 Fairness
Code 14 2.4.2 Privacy
Code 14 4.2.3 Obligations of Providers of premium rate services
Code 14 2.6.1 Complaint handling
Code 14 4.2.2 Obligations of Providers of premium rate services
Summary

The PSA  received 47 complaints from consumers about a competition service charged at £4.50 per week operating on shared shortcode 82225, under the brand name Comphouse Competition (“the Service”).

The Level 2 provider for the Service was Pro Money Holdings Ltd (“the Level 2 provider”). 

This matter was an adjudication by consent, the Level 2 provider accepting that the following breaches of the PSA Code of Practice had occurred:

•    Rule 2.3.3 (charging consumers without evidence of consent)
•    Rule 2.4.2 (marketing to consumers without evidence of consent)
•    Paragraph 4.2.3 (failing to disclose information to PSA)
•    Rules 2.6.1 and 2.6.4 (inadequate complaint handling and consumer refund process)
•    Paragraph 4.2.2 (provision false and/or misleading information to PSA).

The Level 2 provider agreed to the imposition of the following sanctions:

•    a formal reprimand
•    a prohibition on Pro Money Holdings Ltd from involvement in premium rate services for a period of 5 years
•    that Pro Money Holdings Ltd pays refunds, for the full amount spent, to all consumers who have used the service, regardless of whether they have claimed a refund
•    a fine of £50,000.00.

Click here to view the Adjudication decision