GMTech Media OU

This case was brought against GMTech Media OU (“the Merchant”) under Paragraph 5.4 of the 15th Edition of the Code of Practice (“Code 15”).

The horoscope/astrology service was advertised as a personalised horoscope service, asking users a list of personal questions including their date of birth, and then asking them to call an 09 premium rate number to hear their personalised horoscope. The Service was promoted via different marketing and social media platforms including Google ads, Facebook, Instagram and TikTok. The Service started operating under the Merchant on 29 April 2022. Prior to this date, the Service was provided by a company registered in Estonia which, although part of the same umbrella group, is a separate legal entity to the Merchant and fell outside the scope of the PSA’s investigation.

The investigation therefore relates to the period between 29 April 2022 until 10 November 2023 when the Service was disconnected by the Intermediary Square1 Communications.

This enforcement case was opened on 10 November 2023 and concerns transparency and pricing, fairness, misleading promotional material and registration.  

Following completion of our enquiries and investigations into this matter the PSA asserts that the Merchant has failed to comply with the Code in regard to pricing prominence, ensuring the service was fair and its promotion was not misleading to consumers, and complying with registration requirements. 

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

Sanctions imposed
Having regard to all the circumstances of the case, the Tribunal decided to impose the following sanctions:

• a formal reprimand
• the prohibition of the Merchant from any involvement in any PRS or promotion of PRS for a period of five years from the date of publication
• a requirement that the Merchant 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 £650,000.

Administrative charge recommendation: 100%