Glass Mobile (Case reference: 06680)
| Case Number | 06680 |
| Year | 2012 |
| Published date | 10 October 2012 |
| Adjudicated Party | Glass Mobile |
| Procedure Type | Review (Phone-Paid Services Authority) |
THE CODE COMPLIANCE PANEL OF PHONEPAYPLUS
TRIBUNAL DECISION
Tuesday 2 October 2012
TRIBUNAL SITTING No. 110
CASE REFERENCE: 06680
Level 2 provider: Glass Mobile LLC
Level 1 provider: Netsize UK Limited
THIS CASE WAS BROUGHT BEFORE A REVIEW TRIBUNAL FOLLOWING THE
GRANTING OF AN APPLICATION BY THE EXECUTIVE FOR A REVIEW
UNDER PARAGRAPH 4.7 OF THE CODE
BACKGROUND
On a 19 July 2012, a Tribunal (the “Original Tribunal”) decided a case against the Level 2
provider, Glass Mobile LLC. The case related to an Android app and a related premium rate
subscription service (the “Service”) that purported to extend the life of consumers’ smart
phone batteries. The Executive received 87 complaints regarding the Service. In the main,
the complainants queried why they had incurred charges and raised issues concerning
misleading promotional material.
The Original Tribunal hearing was heard in accordance with paragraph 4.5 of the
PhonepayPlus Code of Practice (12th Edition) (the “Code”). The Tribunal upheld two
breaches of the Code, rule 2.3.2 (misleading) and rule 2.3.12(d) (pricing, the content of
subscription reminder messages).
The Original Tribunal found that, notwithstanding the breaches, the Service was designed to
provide a legitimate service and was capable of providing value.
The initial seriousness rating attributed to both breaches was ‘moderate’. After taking into
account one aggravating and four mitigating factors, the Original Tribunal considered the
breaches overall to be ‘minor’ and issued the following sanctions:
• a formal reprimand;
• a fine of £5,000; and
• a requirement to seek compliance advice in relation to the Service.
On 30 July 2012, the Executive informally notified the Level 2 provider of the outcome of the
Tribunal hearing. Full payment of the fine and PhonepayPlus’ administrative charge was
received on, or about, 3 August 2012.
On 2 August 2012, a subsequent Tribunal adjudicated against the Level 2 provider Sight
Mobile LLC (“Sight Mobile”) (which was a related, but separate, legal entity) in relation to a
near identical service and near identical breaches of the Code. The Tribunal considered the
breaches overall to be ‘significant’ and issued the following sanctions:
• a formal reprimand;
• a fine of £75,000; and
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