Xplosion Ltd (Case reference: 161126)
| Case Number | 161126 |
| Year | 2019 |
| Published date | 12 February 2019 |
| Adjudicated Party | Xplosion Ltd |
| Procedure Type | Track 2 (Phone-Paid Services Authority) |
1
Tribunal meeting number: 240
Case reference: 161126
Level 2 provider:Xplosion Limited, Douglas, Isle of Man
Service title:SexxyMob
Xcite
Xvidland
Type of service: Video portal
Network operator: All mobile network operators
This case was brought against the Level 2 provider under Paragraph 4.8.6(b) of the Code of
Practice.
Background
The case concerned allegedbreachesof sanctions imposed by an earlier Tribunal (21
September 2018, case reference 118585) following an investigation into video portal services
operating under the brands ‘SexxyMob’, ‘Xcite’ and ‘Xvidland’ on PayForIt (“PFI”) and
shortcode 65065 (the “Services”).
The Level 2 provider for the Service was Xplosion Limited (the “Level 2 provider”). The Level 2
provider registered with the Phone-paid Services Authority (the “PSA”) on 27 January 2015
and its registration lapsed on 26 January 2018. The Level 2 provider currently remains
de-registered on the PSA Registration Scheme.
The Level 1 provider in respect of the Service was Dynamic Mobile Billing Limited (“DMB”).
The Executive received 82 complaints concerning the Services between 30 August 2016 and
10 March 2017.
On 21 September 2018, the Tribunal upheld breaches of rule 2.3.3(consent to charge), rule
2.2.1 (transparency and pricing), rule 2.3.1 (fair and equitable treatment), and paragraph 3.4.14
(a) (service registration). The overall assessment was that the case was very serious and the
followingsanctions were imposed onthe Level2 provider:
•a fine of £350,000
•a formal reprimand
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