Partner Telecom Ltd (Case reference: 74817)
| Case Number | 74817 |
| Published date | 01 November 2016 |
| Year | 2016 |
| Adjudicated Party | Partner Telecom Ltd |
| Procedure Type | Adjudication by consent (Phone-Paid Services Authority) |
IN THE PHONEPAYPLUS TRIBUNAL CASE REF: 74817
BETWEEN:
PHONEPAYPLUS LIMITED
Executive
-and-
PARTNER TELECOM LIMITED
Respondent
_______________________________________________
ADJUDICATION BY CONSENT (“CONSENT ORDER”)
________________________________________________
ON the matter being considered under PhonepayPlus case reference 74817
AND ON the parties having agreed breaches of the PhonepayPlus Code of Practice (“the
Code”) as set out in the Warning Notice produced in the Schedule to this order, and
appropriate sanctions and administrative costs to be imposed on the Respondent, in order to
dispose of the matter
By consent it is ordered that
1. The alleged breaches of the Code set out in the Warning Notice dated 19 September
2016 and produced (as amended) in the Schedule shall be upheld.
2. The following sanctions shall be imposed in respect of those upheld breaches:
a. a formal reprimand;
b. a fine of £120,000;
c. a requirement that the Respondent remedy the breach by ensuring that it
has robust verification of each consumer’s consent to be charged before
making any further charge to the consumer, including for existing
subscribers to the Service; and
d. a requirement that the Respondent refund all consumers who claim a
refund, for the full amount spent by them on the Service, within 28 days of
their claim, save where there is good cause to believe that such claims are
not valid, and provide evidence to PhonepayPlus that such refunds have
been made.
3. The Respondent shall pay legal and administrative charges incurred by PhonepayPlus
in relation to this case in the sum of £3,681.58 within 28 days of this order.
Robin Callender Smith (Chair)
On behalf of the PhonepayPlus Tribunal
19 October 2016
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