Naming case

The Tribunal was asked to consider a prohibition against Mr Foley under paragraph 4.8.2(g) of the 12^th Edition of the PhonepayPlus Code of Practice (the “Code”). The case related to an adjudication against Marcus Foley (a sole trader) trading as IT Expects Midlands (21 February 2013, case reference 14282), which concerned a premium rate scam involving classified advertisements for fictitious electronic and white goods.

On 21 February 2013, the Tribunal recommended that the Executive consider initiating the process which may lead to the prohibition of Mr Andrews, (an associated individual) under paragraph 4.8.2(g) of the Code.

The Executive provided evidence which indicated that Mr Foley was an associated individual and was knowingly involved in a number of very serious breaches of the Code.

The Tribunal concluded that Mr Foley was an associated individual in each of the case cited by the Executive and was knowingly involved in a number of very serious breaches of the Code.

Taking into account all the circumstances, the Tribunal decided to prohibit Mr Foley 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.