DK Call Ltd (Case reference: 135071)
| Case Number | 135071 |
| Published date | 23 November 2017 |
| Year | 2017 |
| Procedure Type | Track 2 (Phone-Paid Services Authority) |
| Adjudicated Party | DK Call Ltd |
1
Tribunal meeting number: 218
Case reference: 135071
Level 2 provider:DK Call Ltd, Bournemouth, UK
Type of service:Information, Connection and Signposting Service
Network operator:TelcomIQ Ltd
This case was brought against the Level 2 provider under Paragraph 4.8.6(b) of the Code of
Practice
Background
This case concerned a potential breach of sanction imposed by an earlier Tribunal (23 March
2017, case reference: 116798), byan Information, Connection and Signposting Service (ICSS)
serviceoperating under the brand name “Record the Call” on the number range 0984653XXXX
(“the Service”).
The Level 2 provider for the Service was DK Call Limited (“theLevel 2 provider”). The Network
Operator for the Service was TelecomIQ Ltd (“theNetwork”).
The Service wasstated to be a “Call Connection” service that connected consumers to a
variety of commercial and public organisations at a charge of £3.60 per minute. In addition,the
Service offered the consumer an option of downloading a recording of their phone call. The
Level 2 provider stated that the Service commenced operation on 14 September 2016.
The Executive had received 69 complaints concerning the Service between 24 September 2016
and 30th November 2016.
On 23 March 2017, the Tribunal upheld breaches of rules 2.2.1 (transparency and pricing), 2.2.7
(pricing information), 2.3.2 (misleading), 3.11.3(breach of a special condition ICSS 1), 4.2.2
(provision of false or misleading information).Theoverall assessment wasthatthe case was
very serious and imposed the following sanctions against the Level 2 provider:
•a formal reprimand
•a total fine of £645,000
•a requirement that the Level 2 provider obtain compliance advice on its Service
promotions, such compliance advice to be implemented to the satisfaction of the
Phone-paid Services Authority before charging any new consumers
•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
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