We are the UK regulator for content, goods and services charged to a phone bill.

Mark Cross

Publication date 08 July 2017
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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