Instant Dialogue (Case reference: 01475)
| Case Number | 01475 |
| Published date | 10 December 2009 |
| Year | 2009 |
| Adjudicated Party | Instant Dialogue |
| Procedure Type | Emergency Procedure (Phone-Paid Services Authority) |
THE CODE COMPLIANCE PANEL OF PHONEPAYPLUS
TRIBUNAL DECISION
Thursday, 26 November 2009
TRIBUNAL SITTING No. 41 / CASE 2
CASE REFERENCE: 824573/AB
Information Provider: Instant Dialogue Limited, London
Service Provider: MX Telecom, London
Type of service: Virtual Chat
Service title: Local Sex Buddies
Service numbers: 69200
Cost: £1.50 per message
Network operator: All Mobile Network Operators
Number of complainants: 3
THIS CASE WAS BROUGHT AGAINST THE INFORMATION PROVIDER
UNDER PARAGRAPH 8.7 OF THE CODE
BACKGROUND
The PhonepayPlus Executive (the ‘Executive’) received three complaints in relation to this
virtual chat service entitled ‘Local Sex Buddies’ and operating on shortcode 69200. The
Executive monitored the service as advertised in the Daily Sport. Arising from the complaints
and its own monitoring, the Executive alleged, amongst other things, that after initiating the
service and without any further interaction, the Executive continued to receive chargeable text
messages and that users who had sent ‘STOP’ in respect of promotions were still receiving
them.
(i) The Investigation
The Executive conducted this matter under the Emergency Procedure in accordance with
paragraph 8.6 of the Code.
On being informed of the reasons for the Emergency Procedure, the Service Provider requested
that PhonepayPlus dealt directly with the Information Provider under paragraph 8.7 of the Code
and supplied the Executive with appropriate signed undertaking forms on 27 October 2009. The
Executive accepted this pass through and raised potential breaches of paragraphs 5.2, 5.4.1a,
5.7.2, 5.8, 5.11b, 7.3.2c and 7.3.3b of the PhonepayPlus Code of Practice (11th Edition
Amended April 2008) (‘the Code’).
The Tribunal made a decision on the breaches raised by the Executive on 26 November 2009,
having heard Informal Representations from the Information Provider.
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