New SMS Media Ltd

A service provided by the Level 2 provider New SMS Media Ltd (the “Level 2 provider”) was the subject of a PhonepayPlus investigation and adjudication (case reference: 29396), which resulted in sanctions being imposed by a Tribunal on 23 July 2015. The sanctions imposed by the Tribunal included a fine of £200,000 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 £11,177.43 was imposed.

The Level 2 provider failed to pay the fine and administrative charge in the time period specified. No evidence was provided that the Level 2 provider had paid refunds as required.

The Executive raised the following potential breaches of the PhonepayPlus Code of Practice (13^th Edition) (the “Code”):

• Paragraph 4.8.5(b) – Failure to comply with a sanction
• Paragraph 4.10.2 – Non-payment of an administrative charge

The Tribunal upheld both of the breaches 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 five years, starting from the date of publication of the decision, or until the breaches are remedied by payment of the refunds, the outstanding fine and the original and instant administrative charges, whichever is the later.

Administrative charge recommendation:                                                                                 100%