PhonepayPlus Paul Whiteing's 'sustained and satisfied consumer base' of victims

[El Gringo]

15 March 2012

Information provider Zamano Solutions Limited, trading as Everneo
Service provider Zamano Solutions Limited, trading as Everneo
Information provider location Dublin
Service provider location Dublin
Telephone network All mobile networks
Service type Subscription Service
Cost £4.50 per week
Number of complaints 277
Source of complaint Consumers
Fine 35000
Sanction The Tribunal issued a formal reprimand, a direction to remedy the breaches, a fine of £35,000 and a direction to make refunds to all complainants who claim a refund, for the full amount spent by them for the service, save where there is good cause to believe that such claims are not valid, and to provide evidence to PhonepayPlus that any such refunds have been made.

THE INVESTIGATION

A formal response to the Breach Letter was provided by the Level 2 provider on 1 February 2012 and on the same day the Level 2 provider voluntarily suspended the service on the recommendation of the Executive while the investigation proceeded. Following an exchange of correspondence and a meeting on 15 February 2012 between PhonepayPlus and the Level 2 provider the Level 2 provider decided to reactivate the billing mechanic for 96% of its current subscribers, which the Level 2 provider suggested were not affected by the potentially misleading promotional material being considered as part of the investigation.

While the Executive maintained its earlier recommendation to suspend the service throughout the investigation, it did provide additional advice in relation to any proposed reactivation of the billing mechanic. This advice included a recommendation that current subscribers were sent a free message, 24 hours prior to reactivation, with the intention to notify subscribers of the service, as to its cost and how to leave the service. By an email dated 17 February 2012, the Level 2 provider confirmed that it intended to follow that advice when it chose to reactivate the billing mechanic for 96% of subscribers.

SANCTIONS

The revenue in relation to the service was in the high range of Band 1 (£500,000+)

4. Sanctions Imposed

Having regard to all the circumstances of the case, including the revenue of the service, the Tribunal decided to impose the following sanctions:


A Formal Reprimand;
A Direction to Remedy the Breach;
A Fine of £35,000; and
A Direction to make refunds to all complainants who claim a refund, for the full amount spent by them for the service, save where there is good cause to believe that such claims are not valid, and to provide evidence to PhonepayPlus that any such refunds have been made.

So PhonepayPlus agreed to allow the Mobile Networks and Zamano to carry on billing 96% of their Zinga 'consumer' data base despite complaints.

http://www.phonepayplus.org.uk/News-...e-malware.aspx

19 April 2012
PhonepayPlus, the UK regulator of premium rate telephone services (PRS), today hosted a summit involving the mobile industry,

Speaking directly after the summit, PhonepayPlus’ Chief Executive, Paul Whiteing, said:
“We are delighted with today’s outcome and agreement. Together we are determined to ensure ensuring that the UK remains a world-leader in digital and m-commerce, ensuring consumers get the best digital deal and that UK business can build a sustained and satisfied consumer base. We know regulation works and that major malware attacks involving premium rate have so far happened in regions with less-rigorous regulation. However our best defence against mobile malware is working together with industry, security experts, the police, consumer groups and government to protect consumers.”

and here is the very 'sustained and satisfied consumer base' that Paul Whiteing is referring to.

http://whocallsme.com/Phone-Number.aspx/60699
60699
Got a call from 60699?

Joann
7 Feb 2011
Has just cost me £27 before VAT for 22 texts received to my sons phone.
[]
Vivian
25 Oct 2011
This company is making money out of us by sending text messages without any authorisation. Got £5 charge on my mobile phone bill this month!!
Caller: Zing wap.zingtones.tv
Call Type: SMS

[1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18] pages of 'sustained and satisfied consumer' complaints later

Mickyh
18 Apr 2012
Sorry wrong info This company is based in Ireland and is called Zamano email address is customerservices@zamano.com

ames
19 Apr 2012
Also been receiving message (which I ignored) from 60699 and never realized i've been charged for this.
Probably cost me £120 over past few months!

Alan Reeve replies to John Rayment
19 Apr 2012
I keep getting unsolicited messages ref 60699 for which I am charged by Orange. What do I do to get rid of them AND get a retrospective credit from Orange for these unwanted calls?
Help most welcome!
Thanks.

http://whocallsme.com/Phone-Number.aspx/81002
81002
Got a call from 81002?

rowena
15 Sep 2010
I am reporting that y little sister of just 11 years old has had her birthday phone credit wiped from her phone in a matter of minutes this is incredibly mean and has cost £20 , who is this and why do they have the right to do this to young and vunerable people? It is disgusting, We have done a little research and it appears to be a company called zing, they are a gaming website who apparently try very hard to protect the younger audience....
Caller: zing.com

[1 2 3 4 5 6 7 8 9 10 11 12 13] pages of 'sustained and satisfied consumer' complaints later

Vera Hall
6 Apr 2012
I have been receiving unsolicited messages now for two months Total Cost £40.00 vodafone not helpful at all about reimbursing me with any of the cost. I have not done anything with zingtone to warrant this. It's about time they were taken to task
Caller: zingtones
Call Type: SMS

jdc
16 Apr 2012
they complain i don't have enough credit to read their message, having stolen my credit in the first place

this is a PhonepayPlus ongoing Regulated scam and a scandalous PhonepayPlus 'consumer protection' con.

The revenue in relation to the service was in the high range of Band 1 (£500,000+)
A Fine of £35,000

and allowed to carry on

Paul Whiteing "We know regulation works"