Golden Brand Inc

Publication date	05 October 2017
Case reference	128442
Procedure	Track 2
Adjudicated party	Golden Brand Inc
Service type	Video
Tribunal's final assessment	Very Serious
Sanctions	Code 14 - 4.8.2 (d) Code 14 - 4.8.3 (b) Code 14 - 4.8.3 (g) Sanctions Code 14 - 4.8.3 (j)
Breaches raised	Code 14 - 2.3.3 Fairness Code 14 - 3.4.8 Registration Code 13 - 4.2.4 Investigations
Summary	An adult video subscription service provided by the Level 2 provider Golden Brand Inc (“the Level 2 provider”) was the subject of a previous Tribunal adjudication on 26 May 2016 (case reference 85964). Since this adjudication, the Phone-paid Services Authority (“PSA”) had received 16 new complaints alleging that messages received from the service were unsolicited. The executive raised the following breaches of the PSA Code of Practice (13th and 14th Editions) in relation to the 16 new complaints: • Paragraph 2.3.3 – Consent to charge; • Paragraph 4.2.4 – Provision of false/misleading information; • Paragraph 3.4.8 – failure to renew registration. The Tribunal upheld all three breaches and found that each was very serious. The Tribunal imposed a formal reprimand, a fine of £100,000 and a prohibition on the provider for a period of 5 years. The Tribunal also imposed a requirement that the provider refund all users of the service, whether or not they claim a refund.
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