Dialogue Communications Ltd (Case reference: 01743)
| Case Number | 01743 |
| Published date | 22 January 2009 |
| Year | 2009 |
| Adjudicated Party | Dialogue Communications Ltd |
| Procedure Type | Track 2 (Phone-Paid Services Authority) |
1
THE CODE COMPLIANCE PANEL OF PHONEPAYPLUS
TRIBUNAL DECISION
Thursday 8 January 2008 TRIBUNAL SITTING No. 18 / CASE 1
CASE REFERENCE: 749190/AC
Service provider & area: Dialogue Communications Limited
Information provider & area: Bullroarer Corporation PTY Ltd
Type of service: Cupids Crystal
Service title: Unknown (promoted through missed calls)
Service number: 60014
Cost: £5 set up fee and £5 per week
Network operator: All Mobile Operators
Number of complainants: 32
BACKGROUND
PhonepayPlus received a number of complaints regarding a subscription service
promoted as a 'love horoscope', which provided users with regular romance updates,
based on their gender and horoscope. The service was advertised on various online
websites including www.girlsgogames.co.uk. In order to join the service, consumers
were intended to enter their mobile number into the website along with their horoscope
and gender. The consumer then received a terminating message (“MT”) on their mobile,
which invited them to reply text “YES” or “OK”, such as:
- MT message - CupidsCrystal! Reply OK to get Cupids secrets! Helpline
08081203650
By sending such a mobile originating message (“MO”) the consumer was subscribed
and began to receive such love horoscopes as:
- 'Gemini: If you are feeling extra communicative today, make sure you are
saying the right things. Your honey may take the wrong ones to heart.'
Complainants reported having received the above MT message without having
entered their details on the website and incurred costs as a result of responding and
being inadvertently subscribed.
The Executive’s understanding of how the service operated
The service provider stated that the service www.cupidscrystal.co.uk, was advertised
through web sites such as Facebook, MySpace, Yahoo and Google. Through
complainant testimony, it was discovered that the service was also promoted through a
site named www.girlsgogames.co.uk. The site enabled users to dress virtual people in
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