Upright Line S.A.
| Publication date | 01 May 2013 |
|---|---|
| Case reference | 11099 |
| Procedure | Track 2 |
| Adjudicated party | Upright Line S.A. |
| Service type | Purchase - other |
| Tribunal's final assessment | Very Serious |
| Sanctions |
Code 12 -
4.8.2 (b) Formal reprimand and/or warning Code 12 - 4.8.2 (d) Fine Code 12 - 4.8.2 (i) General refunds |
| Breaches raised |
Code 12 -
2.3.2 Misleading |
| Summary | Between 6 August 2012 and 18 March 2013, the Executive received 148 complaints from members of the public regarding a subscription competition service operated under three brand names (Ustra, Oxyra and Ergma) by the Level 2 provider, Upright Line SA (the "Service"). The Service operated on a on the premium rate shortcodes 64055 and 79910 and via Payforit and cost £10 every three days. Consumers were routed to the Service landing page by affiliate marketing. Some consumers stated that they had been misled into accessing the Service landing pages and as a result had inadvertantly incurred premium rate charges. Monitoring of the Service by PhonepayPlus found that the Service was promoted by affiliate marketing that offered consumers "free" products or services, such as, live streaming of the London Olympics or Xbox gaming codes. However, the incentives offered did not materialise and consumers were led to the Service landing pages.
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