PhonepayPlus imposes token fine on Tanla

[mike99]

PhonepayPlus Tribunal on 25 September

Recent adjudications and reviews


The following cases were heard at a meeting of the PhonepayPlus Tribunal on 25 September 2008. The full adjudications will be published on the PhonepayPlus adjudication database in due course.

Adjudications

Service Provider Tanla Mobile Ltd

Information Provider VisionSMS Ltd

Service Name Vis-Videos

Breaches upheld against VisionSMS Ltd

Procedure Standard
Summary


PhonepayPlus received 45 consumer complaints in respect of the receipt of unsolicited chargeable text messages, which cost £1.50 each and were received in batches of six.

Examples of such messages are as follows:

‘Thank you for your order of babe videos' or ‘New content will be available shortly'.

The information provider, VisionSMS Ltd, stated that the service was called ‘Vis-Videos' which offered users the opportunity to download as many videos of ‘glamour-type' content as were available for £9 per week. It explained that the service was promoted using WAP push messages, which were sent to people whose details had been purchased from a 3rd party data supplier. The information provider claimed that only users who opened the link in the WAP push, went to the WAP landing page and then clicked on another link called ‘Download your Babe Videos Now!' would be subscribed to the service and then charged via the 81303, 81404 (non-adult) shortcodes.

The following breaches of the 11th Edition (Amended April 2008) PhonepayPlus Code Practice were raised:

Paragraph 3.3.1 - General duties - designated codes/number ranges
Paragraph 5.2 - Legality
Paragraph 5.8 - Contact Information
Paragraph 5.12 - Inappropriate Promotion
Paragraph 7.12.4 - Subscription Initiation
Paragraph 7.12.5 - Subscription Reminders
The Tribunal upheld breaches of paragraphs 3.3.1, 5.2, 5.8, 5.12, 7.12.4 and 7.12.5. The Tribunal considered the case to be serious, ordered the information provider to remedy the breaches, issued a formal reprimand and imposed a fine of £2,000. The Tribunal ordered the information provider to seek compliance advice from PhonepayPlus within two weeks of the publication of the full decision. Such advice must then be implemented within two weeks of receipt. The Tribunal also ordered that claims for refunds are to be paid by the information provider for the full amount spent by users, except where there is good cause to believe that such claims are not valid.

No increase in view of the fact that Tanla have a history of repeated breaches - 12 I think (it's hard to say without spending more time on this because, as with mblox, PP+ have put Tanla's misdeeds under more than one heading to make the lists of repeat offences look shorter).

[El Gringo]

No increase in view of the fact that Tanla have a history of repeated breaches - 12 I think (it's hard to say without spending more time on this because, as with mblox, PP+ have put Tanla's misdeeds under more than one heading to make the lists of repeat offences look shorter).

Originally Posted by mike99

Tanla has a history of repeat breaches.........yes

but Breaches upheld against VisionSMS Ltd so it looks like Tanla's reputation and honour is still intact

but does VisionSMS Ltd.......................who are behind them?
http://www.the-scream.co.uk/forums/s...sms#post216646

Registrant:
VisionSMS Ltd
Ringtone House
Glasgow Business Park
Glasgow, Scotland G69 6GA
GB

Domain name: VISIONSMS.COM

Administrative Contact:
Ltd, VisionSMS Email address protected from spam harvesters
Ringtone House
Glasgow Business Park
Glasgow, Scotland G69 6GA
GB
+4414108718720020

July 5, 2005 (Press Release) -- The ringtone reselling division of 3Business.com Limited, MMs3, today announced the release of a new sms reverse billing platform for clients to a further twenty seven countries. MMs3 originally traded from the UK, Ireland and Australia. The additional countries added to the companies portfolio include Germany, Denmark, Finland, Norway, Sweden, Austria, France, Belgium, Spain, The Netherlands, USA, Canada, Italy, Poland, Portugal, Thailand, Singapore, Russia, Malaysia, China, Greece, Lebanon, UAE, Jordan, Algeria, Kuwait and Qatar. MMs3 is Scotlands largest mobile content provider providing the reselling service to over one thousand clients and has seen turnover grow from �1.78m to �2.8m in 2004-2005.

Ian Vaughan, CEO, stated "The addition of the said countries will add greater dimension to our international development. The company is entering both new and exciting markets and we continue to enhance our reputation throughout the world. Mobile content is a multi-national industry and we continue to push Scottish interest in this sector"

For more information:

ian vaughan
3business.com ltd
ringtone house
glasgow business park
glasgow
g69 6ga
scotland
united kingdom

http://www.theherald.co.uk/news/news...234642.0.0.php
Flying club boss has more business problems
March 05 2007

HM Revenue and Customs has taken steps to wind up a company owned by Glasgow businessman Ian Vaughan.
[.........]
IN THE DOCK: Ian Vaughan has been accused of ignoring victims who have lost thousands in the collapse of Flight Academy Scotland
[.................]
Mr Vaughan is a director of the restaurant Qua in Ingram Street in Glasgow, but calls there were referred to 3Business.com which staff described as "head office".
[.................]
Pauline Buchan, of Fraserburgh, had a similar experience. "I spent £169.99 on behalf of my daughter for a voucher for her to give her boyfriend for his 21st. It was for a flying lesson with two passengers.

"They went to Aberdeen twice when they had booked flights and were told they were cancelled because of the weather which didn't seem too bad.

"On the day of their third booking, they got a call to say it had been cancelled again.

"At one point, about December, I spoke to a Mr Tony Kelly who said that he was the new owner and he would arrange a refund. I never heard from him again."

http://www.phonepayplus.org.uk/busin...p?cmd=3&id=695
Content and/or promotion provided by...............2 Comm Ltd
Service provider responsible for
compliance under the Code of Practice.........Tanla Mobile Ltd
Telephone network(s).................All mobile networks
Service type...........................Mobile subscription
Source of complaint(s) Consumers

The service provider requested an informal representation under paragraph 8.3e of the Code. The informal representation took place on 6 December 2007. Neil Penny, consultant, attended on behalf of Tanla Mobile Ltd and Tony Kelly and Alan Scott attended for 2 Comm Ltd. They provided further explanation regarding the operation of the service and made further responses to the breaches raised by the Executive.

[El Gringo]

http://forum.o2.co.uk/viewtopic.php?p=58422#58422
Unauthorised Interactive text message / charge
Post by scottferguson485 on Sun Sep 28, 2008 10:03 am

Morning all,

I am an iPhone customer although this question is network related - I wanted to find out if anyone else has received an interactive message that they did not subscribe to?

I checked my online bill today and have been charged £1.30 for a message I did not request (from 81404) - what worries me is I might receive further messages and incur charges as such.

I spoke to O2 and I think their response is rubbish! They basically advised me to go and speak with the company and seek to re-claim the charge; I think it is awful that they are not one bit interested in monitoring such messages and flagging unusual activity up - If my credit card is fraudulently used I would receive a call from the fraud department advising so, but it seems O2 couldn't care less!!

Interested to hear if anyone else has experienced the same scenario and if you bothered to re-claim the charge - it just seems wrong that loyal customers can be scammed like that!

Tanla@PhonepayPlus."I fart in your general direction"

[El Gringo]

Adjudications
Service Provider...................Tanla Mobile Ltd
Information Provider...............VisionSMS Ltd
Service Name.......................Vis-Videos
Breaches upheld against VisionSMS Ltd
...........................
who are behind Vis-Videos

http://vis-videos.com/
Registrant:
William McCafferty
788-790 Finchley Road
London, London NW11 7TJ
GB
Domain name: VIS-VIDEOS.COM
Administrative Contact:
McCafferty, William foofighter@hush.com
788-790 Finchley Road
London, London NW11 7TJ
GB
+44.7805728876
...........................................
the same Mailboxes Etc. address and same email....same..same
http://www.the-scream.co.uk/forums/s...sms#post216646
............................................
http://whois.domaintools.com/vis-videos.com
Service Provided by Vis-videos.com, Abbotsford House, Abbotsford Place, Glasgow G5 9SS - Customer Support: 0161 660 3316 - Contact Us
.................................................. .

and

http://www.theinquirer.net/gb/inquir...te-texts-prove
Premium rate texts prove unstoppable
Rant Tone doesn't want want-tones
By Tony Dennis: Thursday, 17 April 2008, 12:47 PM

A PREMIUM rate text service – want-tone club – is giving this particular INQ hack a major headache. Despite phone calls, emails and text messages, the content provider - Tanla Mobile - just won't stop sending the texts.
.................................................. .......
Registrant:
William McCafferty
788-790 Finchley Road
London, London NW11 7TJ
GB

Domain name: WANT-TONE.COM

Administrative Contact:
McCafferty, William foofighter@hush.com
788-790 Finchley Road
London, London NW11 7TJ
GB
+44.7805728876
................................
Service provided by: want-tone.com - Suite 132, 111 West George Street, Glasgow G2 1QX. Tel: 0871 240 0608 - Contact Us
................................

[El Gringo]

2Comm Limited/Glasgow connection

http://www.phonepayplus.org.uk/busin...eywords=&cmd=2
Domain name:
mobilepartner.co.uk

Registrant:
MTM Technology

Registrant type:
UK Individual

Registrant's address:
Unit 25
The Braes
Castlemilk
Glasgow
South Lanarkshire
G45 9AA
GB

Registrant:
Tony Kelly
UNIT 25 THE BRAES
Castlemilk, Castlemilk G45 9AA
GB

Domain name: ONEGOALLIMITED.COM

Administrative Contact:
Kelly, Tony
UNIT 25 THE BRAES
Castlemilk, Castlemilk G45 9AA
GB
+44.111111111
Technical Contact:
Kelly, Tony
UNIT 25 THE BRAES
Castlemilk, Castlemilk G45 9AA
GB
+44.111111111
.............................................
Reverse IP
http://whois.domaintools.com/flightacademyscotland.com

Registrant:
3BusinessCom Ltd
Ringtone House
Springhill parkway
Glasgow Business Park
Glasgow, Scotland G69 6GA
GB

Domain name: FLIGHTACADEMYSCOTLAND.COM

Administrative Contact:
Accounts, Accounts
Enterprise House
Southbank Business Park
Kirkintilloch, Scotland G66 1XQ
GB
+441415782275
Technical Contact:
Accounts, Accounts
Enterprise House
Southbank Business Park
Kirkintilloch, Scotland G66 1XQ
GB
+441415782275

Registration Service Provider:
UK Reg,
+44 1452 541252
+44 1452 538485 (fax)
http://www.ukreg.com/

Registrar of Record: TUCOWS, INC.
Record last updated on 15-Feb-2007.
Record expires on 20-Jul-2010.
Record created on 20-Jul-2004.

http://www.ukdata.com/company-credit...M-LIMITED.html
Company Details - 2COMM LIMITED
Registered No. 05992801

Address: 788-790 FINCHLEY ROAD
LONDON
NW11 7TJ

Type: Private Limited with share capital
Incorporation Date: 08/11/2006
Status: -
Last Accounts Analysed: -
Nature of business SIC: 64200 - Telecommunications

[El Gringo]

http://www.theinquirer.net/gb/inquir...eanup-familiar
PPP cleanup attempt has familiar Eckoh

Shurely some mishtake
09 October 2008

THE UK's phone-paid services regulator, Phonepay Plus (PPP), has attempted to rebuild the tarnished reputation of the phone quiz industry by publishing a list of approved suppliers.

It's a very commendable effort because, as the PPP itself observes, " Broadcasters often rely on their telecoms service provider to ensure services are compliant."

Hence Phonepay Plus has instituted a "prior permission regime for service providers to help make sure consumers receive a fair deal."

The upshot is that PPP today announced a list of 13 service providers who, by implication, the broadcast companies can trust.

Unfortunately, the list includes Eckoh UK which is widely recognised as the company which brought the whole TV scam business to the nation's attention.

Indeed, the original whistleblower is popularly acknowledged as an Eckoh employee who fled to Australia.

There's at least one company which hardly shares the PPP's high estimation of Eckoh. Step forward Channel Four which last month issued a High Court writ against the company.

Channel 4 is demanding unlimited damages including repayment of a £1million fine (levied by Ofcom), plus £300,000 to cover the cancellation of its Richard and Judy TV contest along with £52,000 in viewer refunds.

Doesn't exactly sound that Channel Four has much faith in Eckoh. Indeed, a report in the Daily Mail says that the writ claims Eckoh departed from the agreed rules of the contest by submitting the shortlist of finalists before phone lines had closed.

The INQ has long been highly critical of the PPP's attempts to penalise offenders and Tanla Mobile in particular.

Tanla appears to have been up to its usual tricks again and has just been fined a cursory £2,000. In the latest PPP adjudication, the usual buck-passing was taking place.

Tanla Mobile was named as the service provider and Visionsms as the inf ormation provider. A blog, on The Scream, points out that the same person Willaim McCafferty has set up the domain names for both Tanla and Visionsms.

No connection, then? Talking of connections, Tanla has previously been represented by one Neil Penny, former chairman of industry body, NOC UK, and close friend of Bonking Brit, Vince Acors.

.

[El Gringo]

so it appears VisionSMS Ltd>>2Comm
the full adjudication on Tanla/VisionSMS Ltd
http://www.phonepayplus.org.uk/busin...p?cmd=3&id=785
BACKGROUND

The PhonepayPlus Executive (“the Executive”) received 45 consumer complaints in respect of the receipt of unsolicited chargeable text messages, which cost £1.50 each and were received in batches of six.

All 45 complainants reported that they had neither used the service, nor consented to being charged to receive it.

·The information provider was reckless in its lack of due diligence in respect of the 3rd party data list;
.................................................. .......
so it appears the 2Comm, the service/content providers are the same
but who is the company that puts them in 'contact' with each other
reverse lookup fo 2comm.net

Registrant:
160media.com
14 Mitchell Lane
Glasgow, Scotland G1 3NU
GB

Domain name: 160MEDIA.COM
Administrative Contact:
Vaughan, Clare mrivaughan at hotmail.co.uk
14 Mitchell Lane
Glasgow, Scotland G1 3NU
GB
+44.7951000007
Technical Contact:

160Media
is a consultant company.

We specialise in relationship development and have over 10 years experience linking aggrigators and content providers across the world.

Our Markets include Australasia,
Europe and Africa.

You have a variety of choices,
we can work with one off payments
or on a retainer basis, and conform
to all Regulatory compliances.

If your base country excedes
$3m annum then possibly 160 Media
can help you develop more revenue and profit.

160Media

Created for the world of telecommunications, and creating partnerships around the world.
Our exact destinations/contacts are not published and reports for one client are not for sale to another, International revenues are paramount to success of telecom companies, then the cost of this service adds extreme value to your relationship, advice is also available on the best course of action in extraction of money from certain states.

Adding international countries out with your domestic is an excellent way of increasing revenues, speak to the experts, we probably know already what the current state of affairs and stability in the country your interested in, and how likely you are to receive monies. At 160Media We can also organize trips with your executives meaning your not going in to the country blind. In an increasingly uncertain world is it worth the risk of not using 160Media.

http://www.160media.com/
whois the guy bottom left

is it
http://www.theherald.co.uk/news/news...234642.0.0.php
'IN THE DOCK: Ian Vaughan has been accused of ignoring victims who have lost thousands in the collapse of Flight Academy Scotland'

mrivaughan also does Indian call centres

http://pub3.bravenet.com/forum/add.p...ply=710318&cp=
Name: Ian Vaughan
Email: mrivaughan@hotmail.co.uk
Instant Messenger: mrivaughan@hotmail.co.uk,3
Website: www.160media.com
---
WANTED

One of my clients is looking for a call centre, very minimum of calls in asia, 10 calls per day, would suit Philippines / China etc. connection through asterix SIC or your own uk ddi for one of my clients who are a large mobile/cellphone marketing company, and simply recording details of the caller. 24hours 7 days. english speaking.
I also have clients who are looking for india call centre, higher volume of calls.
asia, 23-50 per day UK hours minimum expertise. 24 hours 7 days. english speaking.

My client has current partners so would have to be better service and best price from start.

Re
Ian Vaughan