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11. PREMIUM SMS SERVICES (PSMS)
A condition for the allocation of a Short Code Number by ComReg (ODTR 02/14) is
that Network Operators and Service Providers agree to abide by this Code of Practice.
11.1 General
11.1.1 Only PSMS services authorised by the Regulator may be operated by a
Service Provider.
11.1.2 Short Code Numbers must be used only for the Service authorised by the
Regulator.
11.1.3 Service Providers must not send, or have others send on their behalf,
unsolicited, random, or untargeted telecommunications messages (referred
to as SPAM), and the use of PSMS must not be promoted by the use of such
messages.
11.1.4 The Consumer must have the right to ‘opt-in’ or ‘opt-out’ of any promotion
or Service, whether subscription based service or otherwise.
11.1.5 No PSMS Service may be promoted as being “free” if it involves any charge
whatsoever to a Consumer. No product or service may be described as “free”
if it is obtainable only by the use of a Premium Rate Service involving a
charge to a Consumer.
11.1.6 Service Providers are permitted to charge Consumers, whether on a
subscription basis or otherwise, only for specific PSMS services and content
which the Service Provider can demonstrate to the satisfaction of the
Regulator the Consumer in question has agreed to receive and pay for.
11.1.7 All PSMS Promotions must carry the mobile number and the Short Code
Number of the originating Service Provider.
11.1.8 Text messages sent and received by Consumers must be stored by the Service
Provider for a period of six months from the date of the message.
Service Provider Administrative Responsibility is set out in Section 3 of this Code of
Practice.
11.2 Pricing Notification
In addition to the rules laid down in Section 7 of this Code (Pricing) the following
special conditions apply to PSMS.
11.2.1 Any Promotional Material for PSMS must include full pricing information
inclusive of VAT and any other cost associated with the Service.
11.2.2 Consumers must be notified on incurring charges of €20 and be required
to confirm in text format if they wish to continue the Service. The
maximum spend per transaction shall not exceed €40 or other such amount
as may be specified by the Regulator. Any transaction exceeding that sum is
not permitted.
11.2.3 Pricing information requested by the Consumer must not be charged at a
Premium Rate price and in any event must not be more than the standard
network charge. The Regulator considers it best practice that such
information be free of charge.
11.2.4 The maximum per diem rate for interactive services is €10 or such other
sum as may be fixed by the Regulator from time to time, whether generally
or in respect of any specific category of service.
11.2.5 Service Providers must ensure that the maximum charge for each PSMS is
clearly stated in all promotions. Prices per PSMS must be noted in the form
of numerical price per message (inclusive of VAT), the total number of
PSMS and/or the total maximum cost of the Service to the Consumer
(inclusive of VAT). In respect of any PSMS service or category of PSMS
service, the price per message and number of messages required to complete
the transaction must be stated in all Promotional Material.
11.2.6 The price per PSMS message for the Service must be associated directly with
the Short Code Number and be clearly legible to the Consumer in all
Promotions. Each reverse billed PSMS message must show the Short Code
from which the PSMS originates to make it clear that a charge applies.
11.2.7 The Regulator reserves the right in the case of a PSMS Subscription Service,
or any particular category of such Service, to require that Consumers be
informed of the maximum number of messages before they enter the Service
and be informed that a Premium Rate Charge is applied per message
received.
11.2.8 In relation to Subscription Services the words “daily Subscription Service”,
“weekly Subscription Service” or “monthly Subscription Service” must be
displayed visually, and not requiring close scrutiny, in all Promotional
Material. In relation to television promotions, this information must be
displayed clearly at the top of the screen in a stationary manner and not
requiring close scrutiny.
11.3 PSMS Subscription Services
11.3.1 All Promotional Material for PSMS Subscription Services must contain the
following information in a clear and legible font:
(i) a description of PSMS Subscription Service and the frequency of
charging, including the initial charge;
(ii) confirmation to the Consumer that the PSMS Subscription Service
incurs a recurring/repeat charge to the Consumer;
(iii) information on how to “opt-out” or “unsubscribe” using only the
words “STOP” or “STOP ALL”; and
(iv) the identity and contact details of the Service Provider.
11.3.2 On subscribing to a PSMS Subscription Service, the Consumer must be sent
a free information message containing the following:
(i) that Consumer has entered a Subscription Service together with
details of charging period (daily, weekly, monthly);
(ii) the cost in euro;
(iii) the fact that the Consumer can “opt-out” of or “unsubscribe” from the
Service by texting the words “STOP” or “STOP ALL” to a designated
Short Code Number; and
(iv) contact details for the Service Provider.
11.3.3 Service Providers must provide Consumer ‘opt-in’ (subscribe) and ‘opt-out’
(unsubscribe) facilities for all Subscription Services, to enable Consumers to
“subscribe” and “unsubscribe”. Consumers must be allowed to unsubscribe
by texting the word “STOP” or “STOP ALL” to the Service Provider. The
Regulator reserves the right to designate other standard words which may be
used by Consumers for this purpose. The word “STOP” and other
designated words to unsubscribe must be effective without being case
sensitive. Where a Consumer texts the word “STOP” to unsubscribe from a
PSMS Subscription Service, the Service Provider must cease the charging
and the provision of the service to the Consumer with immediate effect.
Where the Consumer has subscribed to more than one PSMS Subscription
Service offered by the same Service Provider and texts the word “STOP”, the
Service Provider must cease forthwith to provide the PSMS Subscription
Service of which the PSMS message most recently forwarded to the
Consumer formed part. If, in such cases, the Consumer texts the word
“STOP ALL” to the designated number, the Service Provider must cease the
provision and charges to the Consumer for all PSMS Subscription Services.
11.3.4 When a consumer has spent €20 (or such other amounts as may be specified
by the Regulator), the Service Provider must send a free reminder message
containing details of the subscription service, charges, frequency of charges
and the opt-out facility using the words “STOP” or “STOP ALL”.
11.3.5 Service Providers must not raise a Premium Rate charge to provide
information about a PSMS Subscription Service or its availability. A
Premium Rate charge may only be raised when the PSMS Subscription
Service itself has been delivered to a Consumer.
11.3.6 Where a Consumer has subscribed to a PSMS Subscription Service and fails
to respond to a sent message within 40 days, the Consumer must be optedout
or unsubscribed automatically from that and/or related PSMS
Subscription Services and must be removed from the database. The charge
for unsubscribing/opting out be no more than the standard text charge.
11.4 Promotion/Marketing
11.4.1 All Promotional Material for PSMS must contain detailed pricing
information, inclusive of VAT and any other cost associated with the
Service.
11.4.2 All Promotional Material must contain contact details for the Service
Provider and ‘opt-out’ options.
11.4.3 Promotional Material must relate only to Services authorised by the
Regulator.
11.4.4 For the period that a consumer remains on a direct marketing database,
Service Providers must retain records of:
(i) the Consumer opting into the direct marketing database;
(ii) the Consumer subscribing to a Subscription Service; and
(iii) the sending and receiving number and the date, time and content of
direct marketing promotions.
11.4.5 In the case of advertising and promotions other than direct marketing,
Service Providers must retain records of the Promotional Material for a
minimum of 6 months. This must include:
(i) the content of the promotion; and
(ii) the date and time that the promotion was sent/published.
11.5 Text ‘Chat’ and Group ‘Chat’ Services
11.5.1 For ‘Text Chat’ Services, Service Providers must receive confirmation from
the Consumer that they are over 18 years before initiating the Service. All
Promotional Material must contain a communication to the effect that this
service is available only to those over eighteen years of age.
11.5.2 For ‘Group Chat Services’, Consumers must be informed of the maximum
number of messages before they enter the Service and must be informed that
the Premium charge is applied per message received. This must be stated in
all Promotional Material.
11.5.3 Forced Release
A Consumer once connected to a Text Chat Service, who has not
participated for a period of 45 minutes after connection and has not reached
the spend limit, must be informed by a cost-free message that the Service is
being disconnected, and the Service must then be disconnected. Any
continuation of the Service is prohibited.
11.5.4 Security Measures
Service Providers must build in safeguards to the satisfaction of the
Regulator to ensure that no sexually suggestive or explicit material is
transmitted in the course of the Service.
11.6 Personal Messaging Services (Text ‘flirt’ Services)
Where an individual has passed on a mobile number to a Service Provider providing
the above Service, the Service Provider must provide an ‘opt-out’ facility for the
recipient. If requested by the recipient of the message, the Service Provider must also
pass on the number of the caller who prompted the sending of the original message.
Service Providers must receive confirmation the Consumers are over eighteen years
before the initiation of the Service.
Provisions relating to Contact and Dating Services are set out in Section 8.6 of
this Code.
11.7 Services of a Sexual Nature Operating on 59xxx Short Code
11.7.1 In addition to the provisions set out in Section 8.4 of this Code, Service
Providers must provide security measures to ensure that only Consumers
over eighteen years of age have access to such services. Services of a sexual
nature as defined in this Code of Practice must be designated by a specific
Short Code Number (currently 59xxx), and accessible only by the use of a
Personal Identification Number (PIN). This PIN is issued by the Service
Provider to the Consumer seeking to avail of this type of Service and must
be unique to each individual Consumer.
11.7.2 Appropriate security measures must be in place to the satisfaction of the
Regulator before such Services are authorised.
11.7.3 PSMS of a sexual nature must not contain references which suggest or
imply the involvement of children.
11.7.4 Promotion of PSMS of a sexual nature must not appear in publications
intended for children or young persons, national publications or in
publications which are unsolicited, e.g. free distribution newspapers
(referred to as “free sheets”).
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