Redacted name (Case reference: 192311)
| Case Number | 192311 |
| Published date | 23 February 2022 |
| Adjudicated Party | Redacted name |
| Procedure Type | Naming Case (Phone-Paid Services Authority) |
1
Tribunal meeting number 287
Case reference: 192311
Case: Prohibition of an associated individual
This case was brought against a person alleged to be an associated individual under paragraph
4.8.8 of the 14th edition of the Code of Practice (“the Cod e”).
Background
1. The Tribunal was asked to consider imposing a prohibition against [name redacted]
(“associated individual”) pursuant to paragraph 4.8.3(g) of the Code.
2. The case related to an Adjudication against the Level 2 provider, Taptronic FZC
(“the Level 2 provider”), which was heard on 17 August 2021 (case reference: 152741)
(“the Adjudication”). The Adjudic ation conc erned subscription-based Fitness
Service, Fitguru. As part of the Adjudication against the Level 2 provider, the Tribunal
recommended that the Executive consider initiating the process which may lead to the
prohibition of the associated individual pursuant to paragraph 4.8.3 (g) of the Code.
3. The Level 2 provider operated a subscription alerts service called Fitguru, which
provided consumers with fitness training and nutritional videos (“the Service”). The
Service operated via direct carrier billing using two value chains and two shortcodes:
64055 and 80206.
4. The Executive received a total of 410 complaints concerning the Service between May
2018 and February 2020. Complainants variously alleged that they had not signed up
to, nor agreed to be charged by the Level 2 provider and that they were unable to
successfully complain to the Level 2 provider.
5. On 17 August 2021, the Tribunal adjudicated against the Service operated by the Level
2 provider. The Tribunal upheld the following breaches of the Code against the Level 2
provider:
• Fairness – Rule 2.3.1
• Consent to charge – Rule 2.3.3
• Complaint handling – Rule 2.6.1
• Registration – Paragraph 3.4.14
• False and misleading – Paragraph 4.2.2
• False and misleading – Paragraph 4.2.2
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