Official response from Icstis to complainants / victims of scam

 of unsolicited reverse bill text from Dialogue/PNC/Moby Magic

between the 17th & 19th March 2007

Did you receive one?

Moby Magic and shortcode 84010

I am writing to advise you of the outcome of your complaint in respect of the above premium rate service.

As you may be aware, ICSTIS supervises both the content and advertising for premium rate services. ICSTIS develops and applies a Code of Practice (“the Code”) to the companies which operate premium rate services (service providers). These companies are bound by their contract with the network operators to comply with the requirements of this Code.

In response to your complaint about this service the Executive (formerly known as the Secretariat) commenced an investigation. 

Investigation

The Executive (formerly known as the Secretariat) received numerous complaints from those reporting the receipt of ‘un-requested’ reverse billed SMS.  Complainants reported receiving reverse billed SMS for a service called Moby Magic (Mobile content subscription service – ringtones, wallpaper, games etc) and were consistent that they never subscribed to any service.

This suggested that the service may be in breach of the ICSTIS Code of Practice.

Adjudication

The case subsequently went before the ICSTIS Panel for adjudication and its decision was that the service was in breach of the ICSTIS Code of Practice for failure to comply with a sanction imposed.

Due to the seriousness of the breaches the Committee imposed the following sanctions:

• A formal reprimand;

·         A £10,000 fine; and

·         Affected consumers to be refunded.

You can also view the details of the adjudication on our website http://www.icstis.org.uk/service_providers/adjudications/default.asp?node=&id=633  

Refund claims

Should you wish to obtain a refund in respect of the cost of any calls you have incurred to the service you will need to write directly to the service provider setting out your case and providing them with a copy of your phone bill (highlighting the relevant premium rate number). Your claim should also include VAT on the actual calls made to the service. The service provider’s details are as follows:

Customer Care

Dialogue Communications Ltd

The Workstation

15 Paternoster Row

Sheffield

South Yorkshire

S1 2BX

Tel: 0871 700 2211

Please note however that ICSTIS cannot assist in making claims for refunds

Additionally, at ICSTIS we are continually looking at ways in which we can improve our service. We would be grateful for your feedback on the service you have received. You can do this by accessing the following link: http://www.icstis.org.uk/QOS/feedback.asp.

Yours sincerely

Gary Liew

Investigations and Monitoring Executive

gliew AT icstis.org.uk

ICSTIS

Clove Building

4 Maguire Street

London SE1 2NQ

www.icstis.org.uk

www.phonebrain.org.uk

Sign up here to receive the latest news from ICSTIS: www.icstis.org.uk/news/subscribe.asp 

P Please consider the environment - do you really need to print this email?

On the 30th April 2007 Icstis, (the toothless tiger), made an adjudication against Dialogue Communications Ltd & Moby Magic (what happened to PNC Ltd) for the sending of Unsolicited Reverse Bill Texts from 17.3.07 to 19.3.07. They have been given yet another formal reprimand ( a slapped wrist) and fined £10,000 ( chicken feed, they will get that back on the next scam) and ordered to refund all those that have been scammed. Anyone received a cheque from Moby Magic yet? I haven't. Also did anyone get a reply from Icstis?

For their 'defence' Moby Magic said that In February 2007 they purchased mailing lists from another company 'in good faith' , so that makes it ok then!

They were all back at work on the 1st May !!

To see the full adjudiction copy and paste;

http://www.icstis.org.uk/consumers/adjudications/default.asp?node=&id=633

Copy the Icstis adjudication and send it with a letter of complaint to your Network to ask for a refund.

We won the battle but the war goes on!

UPDATE:

I have been informed by Icstis that all claims for refunds must be made to Dialogue Communications Ltd, non payment of refunds must be reported to Icstis for further action.

Hi Tiff,

Did you get in touch with Kimberley?

 Moby Magic have moved; this is their lastest 'whois' directory entry. Seems they have had a make over, they are now  Music2Mobile.

Be warned!!!!!!!!!!!!!!!!!!!

  Registrant:
  Music 2 Mobile
  2 Swinton Square
  off King Street
  Knutsford, Cheshire wa16 6hh
  UK

  Domain Name: MOBYMAGIC.COM

  Administrative Contact, Technical Contact: 

  support AT mobymagic.com 

   Music 2 Mobile           
   2 Swinton Square
   off King Street
   Knutsford, Cheshire wa16 6hh
   UK
   +448451740074


  Record expires on 03-Mar-2008.
  Record created on 03-Mar-2007.

  Domain servers in listed order:

  NSP.MOBYMAGIC.COM      89.107.20.130
  NSS.MOBYMAGIC.COM      89.107.20.130

Hi Kimberley,

It's not that we are cynical, it's that we have been victims of a scam and you tend to be a little wary. It is not unusual to find the scammers reading the forums to find out what's being posted about their companies. Checking as to WHO has exposed what part of their scam and what they are doing about it. Once they find your identity they can be quite intimidating. I would be sure that you were aware of this. These boys are not playing for pennies, there is big money involved. Read some of the other forums to get a real insight to what is going on and then ask the question 'why is this problem not given more publicity?'.

Just so you are all aware, I have only just started at moneysupermarket.com. Hope this clears up any queries you may have.

If anyone does have anything to ask me though, please feel free to e-mail me at the address I have posted.

Fuuny thing about that Kim.  Only a member since 24th April - which is when her message was posted.  You'd have thought that she would have been here a lot longer - being the "PR Officer" for mobiles for Moneysupermarket and all.

I too will try Wolverhampton Trading Standards.  Thanks Brian.

Ooh nice one thanks for that!!  I intend to draft a letter and send it to every address I can find anyway just to make someone stand up and take some kind of responsibility for this, but I will definitely drop this guy an e-mail.  Every time I speak to them on the phone I get this surge of hope it will get resolved, then I am reminded of how long this has gone on for and how many people it's affected and it drags me down.  And I am one of the lucky ones - T-Mobile has compensated me themselves, I am persuing this on principle!!

Giving her the benefit of the doubt maybe Kimberley works 9-5.....?  Because we need all the help we can get bringing this to people's attention, we have no power alone, our strength lies in numbers (and companies like money supermarket with the clout to push this kind of thing)

Chin up, who knows, maybe we'll all receive our cheques tomorrow, they just got 'lost in the post' well stranger things have happened ;o)

Tiff,

Knew there was something else.

Moby Magic are based at an address in Woverhampton so I contacted the local Trading Standards Office. Got a reply from Nigel Packer who is very interested in our problem, he has refered my case to the 'Scambusters' unit, cool, trendy name!!!!

Contact him with your story at tradingstandards AT wolverhampton.gov.uk , that goes for anyone else that has had problem with MM.

Still nothing from Kimberley!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!