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Global Billing Solutions Limited (Eire)

Publication date 02 April 2014
Case reference 33388
Procedure Track 2
Adjudicated party Global Billing Solutions Limited (Eire)
Tribunal's final assessment Very Serious
Sanctions Code 12 - 4.8.2 (e) Bar
Breaches raised Code 12 - 4.10.2 Administrative Charge
Code 12 - 4.8.4 (b) Sanctions
Summary

A service provided by the Level 2 provider Global Billing Solutions Limited was the subject of a PhonepayPlus investigation and adjudication (case reference 28902), which resulted in sanctions being imposed by a Tribunal on 8 August 2013. The sanctions imposed by the Tribunal were a formal reprimand, a fine of £25,000 and a requirement that refunds be paid to all consumers who claim a refund, for the full amount spent by them on the Service, within 28 days of their claim save where there is good cause to believe that such claims are not valid, and provide evidence to PhonepayPlus that such refunds have been made. In addition, an administrative charge of £5,164.42 was imposed. The Level 2 provider failed to pay the fine in the time period specified. Revenue withheld by the Level 1 provider was used to satisfy the administrative charge and part of the fine.

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

  • Paragraph 4.8.4 (b) – Failure to comply with a sanction
  • Paragraph 4.10.2 – Non-payment of an administrative charge

The Tribunal upheld a breach of paragraph 4.8.4(b) of the Code. The Tribunal considered the breaches 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 one year (starting from the date of publication of this decision), or until the breaches are remedied by payment of the outstanding fine and the original and instant administrative charges, whichever is the later.

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