Cellso Ltd

Between 9 February 2015 and 22 January 2016, the Executive received 158 complaints concerning a glamour video subscription service, charged at £3 per week, operating on dedicated shortcode 80027, and shared shortcodes 66033, 88150, and 82999  (the “Service”). The Level 2 provider for the Service was Cellso Limited (the “Level 2 provider”). The Level 1 provider for Service shortcode 66033 was Zamano Solutions Limited. The Level 1 provider for Service shortcode 80027 was Fonix Mobile Limited. The Level 1 provider for Service shortcodes 82999 and 88150 was Veoo Ltd.

After analysing complainant message logs, the Executive noted that there was a high failure rate of chargeable messages following the purported consumer opt-ins, and the delivery status of Service messages was unclear.

The Executive raised the following potential breach of the PhonepayPlus Code of Practice (the "Code"): 

• Rule 2.3.4 – Undue delay

The Tribunal, having considered all the evidence, did not uphold the alleged breach, for the reasons given in the adjudication.