mBlox still ripping people off; Phonepayplus still letting them get away with it

[mike99]

http://www.phonepayplus.org.uk/consu...udications.asp

Service Provider mBlox Limited

Information Provider Genius Games Ltd

Service Name Magic Millions/Get Rich Quick

Breaches upheld against mBlox Limited

Procedure Standard
Summary


PhonepayPlus received 16 consumer complaints in respect of chargeable messages from a quiz service called ‘Magic Millions'. Complainants reported that they began to receive messages after entering into a lottery service on the website www.magicmillions.co.uk. Examples of two of the quiz messages received by complainants are as follows:

"MagicMillions CashQuiz 1000 Pound Cash Prize > What year was the Falklands war? A) 82 B) 83 C) 84 Reply A, B or C"

"MagicMillions CashQuiz 1000 Pound Cash Prize > How many players in an ice-hockey team? A) 7 B) 9 C) 11 Reply A, B or C"

Complainants said they were unaware that entry into the online lottery service, would result in automatic subscription to a text quiz subscription service, charged by reverse billed SMS messages, costing £1.50 per message.

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

Paragraph 5.4.1a - Fairness (Misleading)
Paragraph 5.4.1b - Fairness (Unfair Advantage)
Paragraph 5.7.1 - Pricing Information (Cost)
Paragraph 7.12.4a-f - Subscription Initial Message
The Tribunal upheld breaches of paragraphs 5.4.1a and 7.12.4a-f of the Code. The Tribunal did not uphold breaches of paragraphs 5.4.1b and 5.7.1 of the Code. The Tribunal considered the case to be significant, issued a formal reprimand and imposed a £35,000 fine. The Tribunal did not impose an additional fine in respect of the service provider's breach history, in view of the service provider's current compliance activity. The Tribunal stated that if future cases were brought to PhonepayPlus involving services which demonstrated a failure in the new compliance structure, it would be open to the Executive to recommend that future Tribunals take into account the fact that there was no additional fine imposed for breach history in this case. The Tribunal imposed a bar on the service until compliant. The Tribunal commented that it doubted whether the service which had been the subject of the complaints could be made compliant with the Code. The Tribunal also ordered that claims for refunds are to be paid by the service provider for the full amount spent by complainants, except where there is good cause to believe that such claims are not valid.

and

Service Provider mBlox Limited

Information Provider Outsource Logistics Limited/Maximex (UK) Limited/3 Blue Steps Ltd

Service Name Mocon/Fonics.net

Breaches upheld against mBlox Limited

Procedure Standard
Summary
PhonepayPlus received 78 consumer complaints in relation to a service branded as ‘Mocon / Fonics.net' which appeared to have been marketed, via one service provider, by three information providers namely Outsource Logistics Limited, Maximex (UK) Limited and 3 Blue Steps Ltd. The information providers stated that they had obtained the service itself from a separate company called MoconDigital Limited, which claimed to have no relationship with the service provider.

All 78 complainants indicated that they had never previously consented to receive chargeable messages in respect of the service. The SMS messages received by complainants cost £1.50 per message received, examples of which are as follows:

2 download your content 003_Ayo Technology, use link http://fonics.net/get/CQCGYQDJKE with your mobile wap/GPRS. Probs call 08700429664 / moconsupport@aol.com
2 download JohnButlerTrio_UsedToGetHigh:2c go to http:3a//fonics:2enet/getZ8PYEJT6RR with your mobile WAP on your phone:2e Help:3a info@maximex:2euk:2ecom or 08700428521:2e
2 download Sweet About Me, go to fonics.net/get/EKPSL4YLTT using WAP on your phone. Help: threebluesteps@aol.com or Call 08700427522. Enjoy!
The following breaches of the PhonepayPlus Code Practice 11th Edition (amended April 2008) were raised:

Paragraph 3.3.2 - Documentary or other evidence required
Paragraph 3.3.3 - Adequate Technical Quality
Paragraph 5.2 - Legality
Paragraph 5.4.1b - Fairness (Unfair Advantage)
Paragraph 5.7.1 - Pricing Information (Cost)
The Tribunal upheld breaches of paragraph 5.2, 5.4.1b and 5.7.1 of the Code. The Tribunal did not uphold breaches of paragraphs 3.3.2 or 3.3.3 of the Code. The Tribunal considered the case to be serious, issued a formal reprimand and imposed a fine of £75,000. The Tribunal did not impose an additional fine in respect of the service provider's breach history, in view of the service provider's current compliance activity. The Tribunal stated that if future cases were brought to PhonepayPlus involving services which demonstrated a failure in the new compliance structure, it would be open to the Executive to recommend that future Tribunals take into account the fact that there was no additional fine imposed for breach history in this case. The Tribunal imposed a bar on the service until compliant. The Tribunal commented that it doubted whether the service which had been the subject of the complaints could be made compliant with the Code. The Tribunal also ordered that claims for refunds are to be paid by the service provider for the full amount spent by complainants, except where there is good cause to believe that such claims are not valid.

The Tribunal also commented that it considered MoconDigital Limited to be an information provider under paragraph 11.3.7 of the Code by virtue of having provided a service for the purposes of section 120(9)(a), (c) and (d) of the Communications Act 2003, notwithstanding the lack of a contractual arrangement between itself and the service provider.

[Hamlet]

???
welsh-products-online.co.uk/site/magic_millions.htm
Clicking there brings you to cj.com (valueclick)


The other link
http://fonics.net/get/CQCGYQDJKE

( AussieHQ Pty Ltd
PO Box 3168
Weston Creek, ACT 2611
AU)
(the hoster / registration provider)

is leading to
http://javagames.shop160.com.au/au

Whois response for shop160.com.au:
Result No Data Found

mocondigital ltd
COLLEGE HOUSE, 4A NEW COLLEGE, PARADE FINCHLEY ROAD, LONDON
nothing known about them - only their sole existence

[mike99]

http://forums.moneysavingexpert.com/...html?p=6821545

Nick66
MoneySaving Newbie

Join Date: Nov 2007
Post Count: 4
Thanked 0 Times in 0 Posts

Default
I've had the same thing.

I have received 3 messages over the past few months and a 4th today, along with a message saying "U have reached your limit regarding the Mocon service. 2 stop the service....". So I texted "stop" to 80708 and had an confirmation text back from them.

I looked up 80708 on PhonepayPlus (new ICSTIS website) http://www.phonepayplus.org.uk/numbe...iceDetails.asp
and got the mBlox number and they referred me to Outsource Logistics, 0870 042 9664 (there's no alternative number listed on http://www.saynoto0870.com/) who answer the phone as Mocon Digital.

I have been promised a refund, but I'll believe that when I get it!

What was interesting was the honesty of the person I spoke to (who I'm not going to name!!!) who told me that I probably didn't opt-in to receive texts, they just send out random texts to mobiles, but also that I will have been charged to receive the "U have reached the limit..." text message AND charged to receive the confirmation of my "stop" message. So in addition to the 4 unwanted text messages I've also been charged for the additional 2 messages which is a bl**dy cheek!!

Nick
Last edited by Nick66 : 09-11-2007 at 1:27 PM.
Nick66 is offline Reply With Quote

BTW Andrew - if you are reading this - it took me about 30 seconds to unearth this (I'm rather busy today). So what was it you were saying about your new high-tech "compliance" mechanisms?

[El Gringo]

i've just picked myself up off the floor. :

http://www.phonepayplus.org.uk/consu...udications.asp

Service Provider mBlox Limited
Information Provider Genius Games Ltd
Service NameMagic Millions/Get Rich Quick
Breaches upheld against

mBlox Limited
Procedure Standard
Summary

Complainants reported that they began to receive messages after entering into a lottery service on the website www.magicmillions.co.uk.

The Tribunal considered the case to be significant, issued a formal reprimand and imposed a £35,000 fine. The Tribunal did not impose an additional fine in respect of the service provider's breach history, in view of the service provider's current compliance activity.
---------------------------------------
http://welsh-products-online.co.uk/s...c_millions.htm

Terms & Condtions of Magic Millions and Get Rich Quick
You must be 16 or over to play. It is free to play Magic Millions and the prize fund is limited to £1,000,000.00. Amillion pound draw takes place twice a week, every Monday and Thursday. You may contact our customer care department on 08443577433 (Monday - Friday 10am - 4pm)
By taking part in any game or making any purchase on Magic Millions / Get Rich Quick, the player agrees to receive marketing information and offers by SMS. Such offers will be sent only by Genius games Ltd. Recipients of any such messages may opt-out of recieving any such messages bt sending NOINFO to 80221, after receipt of any such message. Genius Games is registered with the Data Protection Act.
-----------------------------------------------

http://www.mblox.com/support/questio...ber_finder.php

Number Finder Tool
Results

You have entered the short code 80221. Kitching is the merchant responsible for this service and will respond speedily to any queries you may have.

For Kitching customer care, please contact via phone +44 (0)844 3577433 or email at customercare@magicmillions.tv.

mBlox specializes in delivering messages for our clients and much like a postal service, we do not create, promote or sell content, we operate the network that carries these services. The service delivered to your phone has actually been transacted with mBlox's client Kitching.

mBlox takes customer care very seriously and we want to ensure your concern is addressed. If you have a concern or complaint about the above service, we recommend contacting the content provider named above for fastest service.

If your concerns are not addressed, or if you prefer assistance from mBlox simply fill out this customer care form so that we may have the correct information to investigate your query.
------------------------------------------
kitching?????
PDS scam ??? and lots more
http://www.the-scream.co.uk/forums/s...7&postcount=77
http://www.the-scream.co.uk/forums/s...3&postcount=78
http://www.the-scream.co.uk/forums/s...8&postcount=79
http://www.the-scream.co.uk/forums/s...1&postcount=80

ps a little note to my old friend GDF danke

[mike99]

Genius Games Ltd 06531928

domain: magicmillions.tv
created: 25-Mar-2008
last-changed: 25-Mar-2008
registration-expiration: 25-Mar-2009

nserver: ns59.1and1.co.uk
nserver: ns60.1and1.co.uk

status: CLIENT-TRANSFER-PROHIBITED

registrant-firstname: Chris
registrant-lastname: Hill
registrant-organization: Genius Games Ltd
registrant-street1: 71 Cow Close Road
registrant-street2: 71 None
registrant-pcode: LS12 5PD
registrant-city: Leeds
registrant-ccode: GB
registrant-phone: +44.1132456538
registrant-fax: +44.1133830438
registrant-email:

admin-c-firstname: Chris
admin-c-lastname: Hill
admin-c-organization: Genius Games Ltd
admin-c-street1: 71 Cow Close Road
admin-c-street2: 71 None
admin-c-pcode: LS12 5PD
admin-c-city: Leeds
admin-c-ccode: GB
admin-c-phone: +44.1132456538
admin-c-fax: +44.1133830438
admin-c-email:

[mike99]

There is no UK company actually called "Kitching", but there are John Timothy Kitching, (AKA "Tim") and Alix Faye Thornton (AKA "Alex" or "Alexandra") living a couple of miles away from Chris Hill at Apartment 81, The Quays, Concordia Street, Leeds, West Yorkshire LS1 4ES who have been involved in this kind of "business" for many years.

Of course, people like Andrew Bud are far too busy to read the paper.

[silentgenius]

Kitching is a name that will be known to PPP (ICSTIS) - let's see what we can dig up...

You guys know how to find these things!

[El Gringo]

just the word Kitching should have rung alarm bells.

http://www.phonepayplus.org.uk/pdfs_...stPractice.pdf

Due Diligence Best Practice
PhonepayPlus Industry Liaison Panel
Version 1: September 2008
Introduction
This document represents best practice for Network Operators on carrying out due diligence as required by the PhonepayPlus 11th Code of Practice1 and should be read in conjunction with section 2.3.1 of the Code and the Due Diligence Help Note2.
It is the result of work carried out by the industry representatives and agreed with PhonepayPlus

but why should andrew bud bother when

There is no UK company actually called "Kitching"

Originally Posted by mike99

http://www.phonepayplus.org.uk/numbe...NcdResults.asp

PhonepayPlus has the following information about the number 80221.

If you would like to find out more about this service or have a question about it you should contact the company that provides this service which is listed below.

Kitching
Tel: 0844 3577 433

Phonepayplus = watchdog........no
phonepayplus = blind dog..........no
phonepayplus = blind eye dog......?

http://www.ukdata.com/creditreports/...archResults.do
CHRISTOPHER PAUL HILL
Date of Birth: 01-12-1972
LS12 5PD

Director Details - CHRISTOPHER PAUL HILL
Postcode / Address: LS12 5PD
Directorships Trading: 2
Directorships Resigned: 1
Directorships Dissolved: 0
Directorships Other *: 0
Proprietorships: 0

[silentgenius]

Mr Kitching was also behind Moby Monkey who, oddly, don't seem to feature on the PPP adjudications page:

http://blogs.mirror.co.uk/investigat...-business.html

[mike99]

Mr Kitching was also behind Moby Monkey who, oddly, don't seem to feature on the PPP adjudications page:

http://blogs.mirror.co.uk/investigat...-business.html

Originally Posted by silentgenius

See http://www.phonepayplus.org.uk/business/adjudications/search.asp?cmd=3&id=92


Once you go back more than a couple of years, you find that ICSTIS adjudication material was very patchy in terms of the information it provided and that ICSTIS often failed to make clear distinctions between network providers, service providers, and content providers; and often did not clearly identify the parties involved.

Interestingly, as recently as November 2005, mBlox was still paying expensive lawyers to argue that mBlox did not count as a "Service Provider" and should therefore escape punishment for its scams.

I think I should have been inclined to retort: 'Well if you don't like the epithet "service providers"; how about "thieving scum-bags"?' But ICSTIS merely cited a precedent set in an earlier case against Opera and decided that mBlox were indeed "service providers".