Mark Cross
Publication date | 08 July 2017 |
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Case reference | 102051 |
Procedure | Track 2 |
Adjudicated party | Mark Cross |
Tribunal's final assessment | Serious |
Sanctions |
Code 14 -
4.8.3 (c) Code 14 - 4.8.3 (d) Code 14 - 4.8.3 (e) Code 14 - 4.8.3 (i) |
Breaches raised |
Code 12 -
2.2.1 (a) Transparency and Pricing Code 13 - 2.2.2 Transparency and Pricing Code 14 - 2.2.2 Transparency and Pricing Code 12 - 2.2.5 Rules relating to pricing Code 13 - 2.2.7 Rules relating to pricing Code 14 - 2.2.7 Rules relating to pricing Code 12 - 2.5.9 Avoidance of harm Code 13 - 2.5.9 Avoidance of harm Code 14 - 2.5.9 Avoidance of harm Code 12 - 3.4.1 Registration Code 12 - 4.2.4 Investigations Code 13 - 4.2.4 Investigations |
Summary | The service operated under the brand name “The Dogging Club” and was charged at £4.50 per day/ £1.50 per text (maximum 3 texts per day). The Tribunal upheld five breaches of the Code in relation to a failure to provide clear pricing information, a failure to fully and clearly inform consumers of all the key information, a failure to provide consumers with safety advice, the provision of false and misleading information to the PSA and a failure to register the services as required. The Tribunal imposed a formal reprimand, a fine of £5,000, a requirement that the provider obtain and implement compliance advice, a bar on access to the service until the provider obtains and implements compliance advice and a requirement that the provider obtains prior permission before operating any premium rate services for a period of 5 years from the date of publication of the Tribunal decision. The Tribunal also imposed a requirement that the Level 2 provider refund all consumers who claim a refund. |
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