K. Felix J. Paul (Case reference: 01737)
| Published date | 22 January 2009 |
| Case Number | 01737 |
| Adjudicated Party | K. Felix J. Paul |
| Procedure Type | Emergency Procedure (Phone-Paid Services Authority) |
THE CODE COMPLIANCE PANEL OF PHONEPAYPLUS
TRIBUNAL DECISION
Thursday 8 January 2008 TRIBUNAL SITTING No. 18 / CASE 4
CASE REFERENCE: 779455/JI
Service provider & area: K. Felix J. Paul, Kerala, India
Information provider & area: N/A
Type of service: Fixed Line
Service title: Unknown (promoted through missed calls)
Service number: 7033303126, 7033308240, 7033330682,
7033331820, 7033335749, 7033337471
7033341881, 7033345430, 7033347992
7033308128, 7033308133, 7033306717
Cost: 50 pence per call plus 3.95 pence per minute from
a standard BT landline
Network operator: Cheers International Sales Limited
Number of complainants: 9
BACKGROUND
The PhonepayPlus Executive (“the Executive”) received nine consumer complaints
regarding the receipt of unsolicited calls to personal landlines or mobiles, from one or
more 070 prefixed numbers. The complainants were consistent in claiming that the call
they received terminated after one ring. This prompted consumers to return the call
whilst being unaware that the number was not a mobile number and would incur higher
rate charges. The vast majority of complainants who returned the call indicated that they
were connected to a recording of a ringing tone, an engaged tone or voicemail
messaging facility.
Ofcom has designated 070 numbers for use only as personal ‘follow me’ numbers, which
are charged at a higher rate. Ofcom does not allow end-user revenue share on 070
numbers. This service charged users 50 pence per call plus 3.95 pence per minute from
a standard BT landline, and appeared to charge consumers from the commencement of
the ringing tone.
The Executive was concerned that the complainants were experiencing a modified
version of what is commonly known as ‘wangiri’, a well known trend for misuse of
premium rate and personal numbers, involving a computer using hundreds of phone
lines to randomly dial mobile phone numbers. After one ring, the call disconnects, which
leaves the number stored in the receiving parties’ mobile phone. If the call is returned,
the caller is usually charged a premium rate for connection.
The Executive conducted the matter as an emergency procedure investigation in
accordance with paragraph 8.6 of the Code.
In a letter to the service provider dated 9 December 2008, the Executive raised potential
breaches of paragraphs 5.4.1a, 5.7.1, 5.8 and 5.12 of the Code, together with a request
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