Moblix Media Limited
|Publication Date||09 December 2021|
|Adjudicated Party||Moblix Media Limited|
|Tribunal's final assessment||Very Serious|
Code 14 -
Code 14 - 4.8.3 (d)
Code 14 - 4.8.3 (g) Sanctions
Code 14 - 4.8.3 (i)
Code 14 -
Code 14 - 4.2.2 Obligations of Providers of premium rate services
Code 14 - 4.2.3 Obligations of Providers of premium rate services
This case concerned a subscription alerts Service called “f(b) Friday” (‘the Service’) which provided consumers with voucher codes and discount offers for retail stores. The Service was provided by Moblix Media Limited (‘the Level 2 provider’) and the Level 1 provider was Tap2Bill Limited the (‘the Level 1 provider’).
The Level 2 provider and Service have previously been subject of a Track 2 procedure. On 6 March 2014, the Tribunal upheld breaches of the Code of Practice (12th Edition), namely Rule 2.3.3 (Consent to charge), Rule 2.2.5 (Pricing prominence and proximity) and Rule 2.2.1 (Information likely to influence the decision to purchase). As a result of the sanctions that were imposed as part of the previous adjudication, the Level 2 provider had previously sought and implemented compliance advice in relation to the Service.
In addition to the 220 complaints, the Executive also received 91 complaints about the Service from May 2018 to August 2020 (prior to the technical incident). These complainants also alleged that they had not signed up to the Service or agreed to be charged for the Service.
Taking into account all of the above the Tribunal considered the following sanctions to be appropriate and proportionate:
Administrative charge recommendation: 100%
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