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Amazecell

Publication date 31 October 2013
Case reference 30876
Procedure Track 2
Adjudicated party Amazecell
Service type Competition - non-scratchcard
Tribunal's final assessment Very Serious
Sanctions Code 12 - 4.8.2 (b) Formal reprimand and/or warning
Code 12 - 4.8.2 (g) Prohibition all PRS
Breaches raised Code 12 - 4.8.4 (b) Sanctions
Summary

A service provided by the Level 2 provider Amazecell Ltd was the subject of a PhonepayPlus investigation and adjudication (case reference 08341), which resulted in sanctions being imposed by a Tribunal on 27 September 2012. The sanctions imposed by the Tribunal included a fine of £300,000 and general refunds. In addition, an administrative charge of £10,117 was imposed.

The Level 2 provider failed to pay the fine within the time period specified.

The Executive raised the following potential breach of the PhonepayPlus Code of Practice (12th Edition) (the "Code")

• Paragraph 4.8.4 (b) – Failure to comply with a sanction

The Tribunal upheld the breach. The Tribunal considered the breach to be very serious. It issued a formal reprimand and a prohibition on the Level 2 provider from providing, or having any involvement in, any premium rate service for a period of three years (starting from the date of publication of this decision), or until payment of the full amount due in the sum of £252,074.77 and the instant administrative charges (£3,875), whichever is the later.

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