Premium Rate Regulator PhonepayPlus has just published a revised Help Note entitled “How and when PhonepayPlus will deal directly with an Information Provider”.

This document outlines how PhonepayPlus will deal with a request under paragraph 8.7 of the PhonepayPlus Code of Practice (11th Edition, amended 28 April 2008) to deal directly with an information provider in relation to Code breaches. A copy of the guidance can be found on the Premium Rate Regulators website.

Whilst the Premium Rate Association is supportive of the idea that PhonepayPlus should deal with an Information Provider, where it is clear it has been instrumental in a breach, we question the method in which this document has been presented to the industry and are concerned about its application in practice.

The Premium Rate Association has written to PhonepayPlus to outline the following concerns:

·       The document has been published without industry consultation or discussion
·       The document was not presented to the Industry Liaison Panel for comment ahead of publication
·       This policy has been presented in the form of a Help Note, rather than a Code provision reducing PhonepayPlus’ accountability
·       Investigations are to be governed by the ease in which  PhonepayPlus can levy sanctions, rather than evidence of who was truly responsible for the breach
·       That the policy is effectively useless, as PhonepayPlus will revert to the SP, if an IP refuses to co-operate.

If members have additional concerns they wish the Premium Rate Association to raise then please let us know.

We will update members with the response we receive from PhonepayPlus and will be referring the matter to Ofcom if a satisfactory response is not received.