Leeds-based mobile phone operator Moby Monkey has been fined
£10,000 by ICSTIS, the UK regulatory body for premium rate telecoms
services, over misleading spam text messages about a lottery.
ICSTIS has also barred access to the service and requires the
company to seek copy advice on all future promotions over the next
six months. It is the second ICSTIS fine for Moby Monkey this
year.
ICSTIS said it received 35 complaints from consumers who received its 'Phonolotto' text messages, which listed two numbers – one from the 'daily draw' and one for recipients. Those who matched four of their numbers from the daily draw were told that they had won "a minimum £1,000 award."
According to ICSTIS, the text messages were misleading, because the £1,000 prize offered turned out to be "lifestyle discount vouchers." It was also found that Moby Monkey "failed to provide evidence of any legal advice sought" in connection to the service, which was advertised as a lottery.
ICSTIS further said that the pricing information was misleading because the advertised £1.50 per minute call charge related only to calls from a BT landline and calls were unnecessarily prolonged.
Finally ICSTIS found that the promotion was inappropriate because many complainants received the messages repeatedly and at hours not "expected to be reasonable." The messages were also sent to minors, in spite of the stated age limit.
In August ICSTIS fined Moby Monkey £50,000 and barred access to its "£500 Mystery Award" service, after receiving over 200 consumer complaints.
