The Independent Committee for the Supervision of Standards of
Telephone Information Services (ICSTIS), regulator of premium rate
services in the UK, yesterday fined Leeds-based service provider
Moby Monkey Ltd £50,000 and barred access to its “Mystery Award”
service, following serious breaches of the ICSTIS Code of Practice
by the company.
Moby Monkey sent hundreds of text messages to consumers urging
them to call a premium rate number in order to claim a “mystery
award”, which turned out to be holiday discount vouchers, with
terms and conditions attached but undisclosed.
The service, which attracted more than 200 complaints from
mobile users according to ICSTIS, was found to be “seriously
misleading.” ICSTIS also adjudicated that it was promoted in an
“inappropriate” manner, with many messages received by children or
by some mobile users repeatedly.
Further, it was found that Moby Monkey took unfair advantage of
consumers by falsely emphasising the need to call the service
urgently.
Other breaches of the ICSTIS Code of Practice by the company
included encouraging unauthorised use (because many corporate
mobile users received the text messages), and unreasonable delay
during the actual premium rate call.
ICSTIS director George Kidd pointed out that the use of
promotional text messages has “many consumer benefits” when carried
out in a “legitimate, responsible manner and in compliance with
[the ICSTIS] Code of Practice.”
He added, however, that ICSTIS would not hesitate to take swift
action against the “small minority” of service providers who “abuse
public confidence.”
He said: “Our sanctions against Moby Monkey Ltd reflect the
serious consumer harm caused by their service… and will act as a
warning to the industry: misleading consumers in this way is
totally unacceptable.”
