Mytxt.co.uk Limited (Case reference: 01638)
| Case Number | 01638 |
| Published date | 08 July 2009 |
| Year | 2009 |
| Adjudicated Party | Mytxt.co.uk Limited |
| Procedure Type | Emergency Procedure (Phone-Paid Services Authority) |
THE CODE COMPLIANCE PANEL OF PHONEPAYPLUS
TRIBUNAL DECISION
Thursday 25 June 2009 TRIBUNAL SITTING No. 30 / CASE 1
CASE REFERENCE: 766055/CB
Information provider & area: Mytxt.co.uk Limited, London
Service provider & area: Dialogue Communications Ltd,
South Yorkshire.
Type of service: Virtual Chat Service
Service title: Mytxt.co.uk Chat Service
Service number: 60077, 66611, 87478 and 88898
Cost: £1.50 - £2.00 per service message received, 25p
for every user message sent
Network operator: All Mobile Operators
Number of complainants: 44
THIS CASE WAS BROUGHT AGAINST THE INFORMATION PROVIDER BY AN
EMERGENCY PROCEDURE
UNDER PARAGRAPH 8.6 OF THE CODE
BACKGROUND
The PhonepayPlus Executive (the ‘Executive’) received 44 complaints regarding services
operating on shortcodes 60077, 66611, 87478 and 88898. These complaints related to an
adult virtual chat service operated by Mytxt.co.uk Limited (the ‘Information Provider’). The
service had been promoted through television adverts which were broadcast in the early
hours of the morning on UK television channels. PhonepayPlus was alerted to this service
by complaints made by members of the public.
A number of complainants stated that the service continued to charge them for chat text
messages without any user interaction which resulted in high mobile phone bills. Some
complainants stated that they had been misled into interacting with the service because they
had been led to believe the operators were local women who genuinely used the service
rather than paid operators.
PhonepayPlus investigated the service and requested complainant message logs from the
Service Provider. These logs showed that the service sent message spend reminders to
users after they had spent £10 but continued to send them chargeable messages without
requiring a positive response from them that they wished to continue with the service
resulting in high mobile phone bills. The logs also showed that users were being misled by
the service operators into believing that they were chatting to genuine local girls rather than
fantasy chat operators. The logs further showed that the operators engaged in adult chat
with children as young as 13 years old.
The Service
The service was initially promoted to end users through print media, text message and in
particular television advertisements which had been shown on many channels including
those available on terrestrial and satellite television. The service offered the user the
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