New Comreg PRS code of practice

cookie1977

The effective date of this Code of Practice shall be 5th June 2012.

Some key points:
PRS Providers must not raise a premium rate charge to provide information about a Subscription Service or its availability. A premium rate charge may
only be raised when an end user has requested and subsequently
unambiguously consented to subscribe to the PRS and the PRS provider has delivered the PRS to the end-user.

Subscription Request Messages must follow the format of the example
provided below:

To subscribe to [name of service and optional description] for [sign-up cost] and [cost of service in €] per [billing frequency - message received/time] and confirm that you are over 18 yrs, text AGREE [or other unique keyword for the service] to Short Code 5XXXX.

Subscription Confirmation Messages must follow the format of the example
provided below:

You have subscribed to [name of service and optional description]
for [sign-up costs] and [cost of service in €] per [billing frequency -
message received/time] until you send STOP to [originating service
short code]. Helpline [not more than national rate phone number].
[Any URL that the PRS providers wishes]

Where an end-user texts the word “STOP” to unsubscribe from a
Subscription Service, the instruction must be effective without being case sensitive.
Upon receipt of an unsubscribe message, the PRS provider must forthwith:
(a) cease charging for and cease the provision of the PRS with immediate
effect,
(b) send a free information message to the end-user acknowledging
receipt of the unsubscribe message and the fact that it has been acted
on.
An end-user must not incur a premium rate charge to unsubscribe from a Subscription Service.

There's lots more but I have to say it's a positive sign from comreg.

Get it here:
http://www.comreg.ie/_fileupload/publications/ComReg1229.pdf

JTMan

Great news.

Good consumer protection moves by Comreg.

cookie1977

I think it is too. Hopefully now less people will be caught out and PRS companies will be forced to comply in full by comreg. And if they dont suitable punishments should follow.

Sponge Bob

It won't stop one offs in the 57 or 53 range and will merely slow down programmatic reverse billing scams.

Nothing designed to deal with the mobile networks who pocket half the cash

These are the new provider licencing regulations.

http://www.comreg.ie/_fileupload/publications/SI_111_of_2012.pdf

cookie1977

Due to legal action against comreg by Modeva Interactive, Zamano plc and the Phone Paid Services Association (as mentioned here) the regulations mention in the first post, due to come in to action on the 5th of June, will be slightly altered.

The High Court has now granted a stay on the implementation of Sections 4.15, 4.22, 5.13-5.15 and 5.64 of ComReg’s new Code for PRS providers. Comreg intends on challenging the ruling but for the moment the following is excluded from the rules:

Section 4.15

The following information must be spoken as part of any invitation to purchase on radio or TV:
(a) the name and description of the PRS,
(b) where it is not a Subscription Service, the cost of the PRS if the cost is
greater than €2,
(c) where it is a Subscription Service, the fact that it is a Subscription
Service and the charge per period and that charge period.

Section 4.22

4.22 PRS Providers must ensure that the phrase "Subscription Service" and the
name of the service are clearly provided:
(a) in the case of promotions on television:
(i) at the top of the screen in a prominent, highly visible and stationary manner for the duration that the call to action is displayed,
(ii) in a font at least 33% of the size of the call to action, and
(iii) in the voice-over for the promotion.
(b) in the case of online promotions or promotions in print:
(i) in the main body of the advertisement in a prominent and highly
visible manner and not part of the promotion footer, and
(ii) in a font at least 33% of the size of the call to action.
(c) in the case of any voice over promotions,
(d) in the case of promotions by SMS, MMS or WAP, in a manner so that it
is viewable without the need for scrolling.

Section 5.13-5.15

5.13 When an end-user requests to subscribe to a Subscription Service, and prior
to an end-user incurring any charges, the PRS Provider must send a
standard, dedicated, SMS Subscription Request Message, as set out in
Sections 5.14 and 5.15 below, to the nominated mobile phone number, at no
charge to the end-user.
5.14 A Subscription Request Message must not contain any links or promotional
material and must clearly:
(a) commence with the phrase "Free Message" or "Free Msg" in the SMS
header, or as the first words in the body of the text,
(b) include a description of the Subscription Service to include the PRS name that will allow end-users to identify the PRS, which must be the name used consistently through all promotions and delivery of the service,
(c) provide an age warning, where appropriate,
(d) include any sign-up cost,
(e) include the basis for calculating charges including any:
(i) charges for each message received,
(ii) charges for each message sent, and
(iii) charge per charge period and the relevant charge period.
(f) instruct the end-user to send a plain dedicated SMS, with a
KEYWORD, to a particular short code in order to subscribe.
5.15 Subscription Request Messages must follow the format of the example
provided below:
SUBSCRIPTION REQUEST MESSAGE
To subscribe to [name of service and optional description] for [sign-
up cost] and [cost of service in €] per [billing frequency - message
received/time] and confirm that you are over 18 yrs, text AGREE [or
other unique keyword for the service] to Short Code 5XXXX.

Section 5.64

End-users of Virtual Text Chat Services, and not the PRS Provider, hold the responsibility for commencing and terminating the service. To this end, where Virtual Text Chat Services are charged on a per-message basis, the services must operate according to a “one message in-one message out” method, whereby the PRS Provider receives a text message from an end-user and sends one text message in response. If no further text message is received from the end-user, the PRS provider must not send any further
messages.

It's disappointing to see this being challenged but hopefully Comreg will be able to reverse the decision.

Kristopherus

Those parasites who challenged sections of the code should be banned from pestering customers with their scams:mad::mad::mad:

cookie1977

I'd be great alright. I really hope the high court decision will be short lived and the missing rules will be re instated.

Sponge Bob

These fraudsters have some neck going to the High Court to challenge this long needed Consumer Protection measure. I hope Comreg don't go all knock kneed on facing up to the fraudsters.

MNeanwhile they can continue to scam like f**k as they always did.

Carlos Orange

I guess double opt in is a good addition but the other information will continue to be ignored by many people signing up. It is all there currently but people manage to not notice it.

If it is true that it only applies to companies based in Ireland then it is all a bit naff and pointless. That just means the Irish companies will move offshore and/or foreign companies will replace them. Surely it should apply to all sms companies operating in Ireland.

Sponge Bob

The rules apply to anybody providing service on a 5xxxx number irrespective of whether they are Irish or not.

cookie1977

Good news. The highcourt ruled today on the appeals by Modeva and Zamano and comreg won!

Information Notice
In an Information Notice published on 5 April 20121, ComReg notified the public of its decision to implement a new Code of Practice for Premium Rate Services (“PRS”), to come into force on 5 June 2012.
On 2 June 2012, the High Court put a stay on the implementation of sections 4.15, 4.22, 5.13-5.15 and 5.64 of the Code of Practice, following an application made by Modeva Interactive, Zamano plc and Phone Paid Services Association Limited. ComReg notified the public of this stay by way of an Information Notice dated 2 June 20122.
Today, 25 July 2012, the High Court has lifted the stay. Accordingly, these provisions are now fully in effect from today’s date, the rest of the Code of Practice having been in effect from 5 June 2012.
All licensed PRS providers should therefore make immediate arrangements to ensure that they comply with sections 4.15, 4.22, 5.13-5.15 and 5.64 of the Code of Practice as well as the other provisions of the Code of Practice.
In this regard, PRS providers can contact ComReg with any queries.
ComReg, in accordance with its statutory obligation, is fully committed to ensuring the interests of end-users of PRS are protected.

Woohoo!

http://www.comreg.ie/_fileupload/publications/ComReg1280.pdf