Frontier Limited (Case reference: 27745)
| Case Number | 27745 |
| Published date | 06 March 2014 |
| Year | 2014 |
| Adjudicated Party | Frontier Limited |
| Procedure Type | Track 2 (Phone-Paid Services Authority) |
Code Compliance Panel
Tribunal Decision
Tribunal meeting number 144 / Case 2
Case reference: 27745
Level 2 provider:Frontier Limited
Type of Service:Glamour video downloads
Level 1 provider:IMImobile Europe Limited
Network operator:Mobile Network operators
THIS CASE WAS BROUGHT AGAINST THE LEVEL 2 PROVIDER UNDER PARAGRAPH 4.4
OF THE CODE
BACKGROUND
Between 30 April 2013 and8 November 2013, PhonepayPlus received 39complaintsfrom
consumers in relation to a pay-per-stream glamour video downloadservice, which operated under
the brand name “PLocker” (the “Service”). The Servi
ce was operated by the Level 2 provider
Frontier Limitedon various long numbers, (used for promotion and opt-in)and the premium rate
shortcode89987.Consumers were charged £3.00per download. The Level 1 provider for the
premium rate shortcode was IMImobile Europe Limited(“IMImobile”).
In addition, there was
another unidentified Level 1 provider whoprovided the long numbers. The Service operated
between
July 2009 to 1 November 2013, when it was voluntarily suspended by the Level 1
provider IMImobile.
The Level 2 provider asserted that consumers
engaged with the Service by sending a mobile
originating (“MO”) message to
a Service long number or via “click to text” within a Wireless
application protocol (“WAP”) session.
The majority of complainants stated that they had not engaged with the Service but had been
charged. Certain complainants acknowledged that they had received SMS messages from the
Service but stated that the SMS messages were unsolicited.
The Investigation
The Executive conducted this matter as a Track 2 investigation in accordance with paragraph 4.4
of the PhonepayPlusCode of Practice (12thEdition) (the “Code”).
The Executive sent a breach letter to the Level 2 provider on 24 January 2014. Within the breach
letter the Executive raised the following breaches of the Code:
•Rule 2.3.3 – Consent to charge
•Paragraph 3.4.6 – Registrationof an organisation
The Level 2 provider did not provide a response to the breach letter. On 20 February 2014, the
Tribunal reached a decision on the breaches raised by the Executive.
SUBMISSIONS AND CONCLUSIONS
ALLEGED BREACH 1
Rule 2.3.3
“Consumers must not be charged for premium rate services without their consent. Level 2
providers must be ableto provide evidence which establishes that consent.”
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your 3-day Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting