Embill Services Limited

This case was brought against Embill Services Limited (“the Level 2 provider”) under Paragraph 4.5 of the 14th Edition of the Code of Practice (“the Code”).

The case concerned a sexual entertainment service provided by the Level 2 provider. The Service was registered and operated under the brand name “Girls Next Door”. The Service provided pre-recorded adult audio content to consumers. 

The Executive received 25 complaints regarding the Service, 24 from members of the public and one from a Phone-Paid Services Authority (“PSA”) employee between June 2020 and December 2020. Complainants alleged that they had received an unsolicited message without their consent and that the messages were misleading. The message requested for the consumer to click on a link to retrieve a voicemail from a named individual. Some of the complainants referred to a “Zoom voicemail“.

The Tribunal concluded that the seriousness of the case should be regarded overall as very serious. 

Sanctions imposed
• a formal reprimand 
• 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 Tribunal decision, or until all sanctions imposed have been complied with, whichever is the later. 
• a requirement that the Level 2 provider must refund 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 such claims are not valid, and provide evidence to the PSA that such refunds have been made 
• a fine of £500,000 broken down as follows: 
Breach 1 - Rule 2.3.2: £125,000
Breach 2 - Rule 2.3.7: £100,000
Breach 3 - Rule 2.4.2: £100,000
Breach 4 - Paragraph 4.2.2: £100,000
Breach 5 - Paragraph 4.2.2: £75,000.

Administrative charge recommendation: 100%