PhonepayPlus has issued an updated guide as to how it goes about determining an appropriate and proportionate sanction when a service provider has been found in breach of the PhonepayPlus Code of Practice. The guide sets out the factors which will assist the Tribunal in deciding what sanction it should impose, and applies to adjudications, reviews and oral hearings before the Tribunal. It is for illustrative purposes only, is to be read alongside the Code and does not replace or supplant it in any respect.

The guide shows the processes adopted by the Tribunal in its decision making processes, and in particular makes reference to some of the common aggravating or mitigating factors that the Tribunal may take into account when setting a fine sanctions at either a higher or lower level than they might do for a seemingly similar set of breaches from another service.

A new section has been added at the end of the guide, dealing with the application of sanctions, and the use of existing discretions when there are repeated breaches of the Code by a service provider.