How the adjudication process works: A guide to how we investigate and adjudicate complaints.
The PhonepayPlus Code Compliance Panel (‘CCP') has the decision-making powers that allow them to determine whether breaches of the Code have taken place or not.
The Executive provides administrative support to the CCP and will contact you if its members suspect that a breach has taken place. We are available to answer any questions that you may have about the regulatory framework, investigation process or policy matters. The Executive are there to ensure that the CCP is provided with independent, impartial information on which they will base their decision, so it is important that you work with us to make sure the CCP are fully aware of your particular circumstances.
Investigations are often triggered where a potential code breach has been brought to PhonepayPlus' attention - either through the receipt of complaints or through our own monitoring or by any other means.
PhonepayPlus may contact you as part of a preliminary investigation, in order to find out more information about a particular service or complaint that has been made. At this stage no formal breaches will have been alleged against you, but you are still required to assist us and supply any helpful information.
Following preliminary investigation, PhonepayPlus will deal with the case in one of the following ways, by:
When the apparent breach(es) of our Code appear to be minor and causing little consumer harm, we will contact the responsible party and outline the nature of the apparent breach(es).
If the matter is resolved informally the details of the breach/es are still recorded on your file and posted on the PhonepayPlus website but no sanctions will be imposed. If such minor infractions are repeated, however, then they can only be dealt with formally.
We will send a letter, called a ‘Breach Notice' to either the service provider or network operator responsible for the alleged breaches.
The Breach Notice lets the appropriate party know what our concerns are about the service and/or promotion and provides you with an opportunity to respond to these concerns.
In these cases the decision about whether breaches have actually occurred or not rests with the CCP.
When a service and/or its promotion appears to be causing serious consumer harm, we will begin an immediate investigation that may result in the instant barring of access to the service in question. The service provider will be sent a ‘Breach Notice' and given three working days in which to respond.
You have two days to appeal our decision to use an Emergency Procedure. Simply apply in writing setting out your reasons for appealing the decision. Until you are informed that an appeal has been successful, the service will remain barred. If the appeal is successful, the bar will be lifted but the case will continue to be investigated under the standard procedure.
The case will be presented to the CCP for adjudication within 10 working days, or the soonest practical date thereafter, of receipt of the response to the Breach Notice.
In these cases the decision about whether breaches have actually occurred or not rests with the CCP.
If, following a preliminary investigation the Executive considers that there is no evidence or insufficient grounds for investigating further, PhonepayPlus will close the investigation.
If, however, at a later date, further evidence becomes available, PhonepayPlus reserves the right to re-open the investigation.