Technology and Communication Limited (Case reference: 85479)
| Case Number | 85479 |
| Year | 2015 |
| Published date | 26 November 2015 |
| Adjudicated Party | Technology and Communication Limited |
| Procedure Type | Track 2 (Phone-Paid Services Authority) |
Code Compliance Panel
Tribunal Decision
Tribunal meeting number 176 / Case 2
Case reference: 85479
Level 2 provider: Technology and Communication Limited (Hong Kong)
Type of service: N/A
Level 1 provider: N/A
Network operator: N/A
THIS CASE WAS BROUGHT AGAINST THE LEVEL 2 PROVIDER UNDER PARAGRAPH 4.4 OF THE
CODE
BACKGROUND
A service provided by the Level 2 provider Technology and Communication Limited (“the Level 2
provider”) was the subject of a PhonepayPlus investigation and adjudication (case reference: 60325),
which resulted in sanctions being imposed by a Tribunal on 3 September 2015. The sanctions imposed
by the Tribunal were a formal reprimand, a fine of £60,000, a requirement that the Level 2 provider
submits all Service promotional material that was intended for publication to PhonepayPlus for
compliance advice for a period of one month from the date of the decision. Such advice was to be
sought within two weeks of the date of publication of the decision and thereafter implemented by the
Level 2 provider within two weeks of such advice being provided (subject to any extension of time
agreed with PhonepayPlus) to the satisfaction of PhonepayPlus, and a requirement that the Level 2
provider must refund all consumers who claimed a refund, for the full amount spent by them on the
Service, within 28 days of their claim, save where there was good cause to believe that such claims were
not valid, and provide evidence to PhonepayPlus that such refunds had been made. In addition, an
administrative charge of £9,685.24 was imposed.
The Level 2 provider was informed of the sanctions imposed in a formal notification sent by email and
post on 16 September 2015. In addition, the Level 2 provider was issued with a request to provide its
contact details to PhonepayPlus to assist in the administration of the refund sanction. The deadline for
payment of the invoices for both the fine and the administrative charge was seven working days from the
date of the invoices (25 September 2015). The Level 2 provider sent the completed refund form by the
specified deadline. In relation to the compliance advice sanction, the Executive understood that the Level
2 provider ceased promoting the service and therefore would not have been required to obtain
compliance advice.
On 23 September 2015, the Executive received an email from the Level 2 providerrequesting that funds
that were being withheld by the Network operator (following a direction from PhonepayPlus during the
Track 2 investigation) be released and sent to the Executive in part payment of the amounts outstanding
to PhonepayPlus. The Executive corresponded with the Level 2 provider and the Network operator to
arrange for the withheld funds to be released and to be used as requested by the Level 2 provider. On 9
October 2015, the Network operator paid £50,003 withheld funds to PhonepayPlus. On 30 September
2015, the Executive notified the Level 2 provider that there was a balance of £19,682.24 owing to
PhonepayPlus and that payment was overdue and it invited a response from the Level 2 provider by 2
October 2015. The Executive did not receive a response so it sent a follow up email to the Level 2
provider on 5 October 2015 advising it of the consequences of failure to make payment. The Level 2
provider did not provide a response. In a subsequent follow up email on 9 October 2015, the Executive
advised the Level 2 provider that it would be issuing a direction to the Network operator to suspend
access to its premium rate numbers and the Level 2 provider responded and stated:
“I never received written notice from you, your request is invalid. An Email makes no evidence before
the Chinese Court”
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