aimm has been successfully representing members’ interests to key regulators since 1995. aimm is at the forefront of regulatory change, ensuring that Members’ collaborative views on regulation are heard. aimm analyses every consultation released to check whether Member’s businesses could be affected and will then organise and deliver a response to the regulator, after member’s views and responses are collaborated. When a new consultation is released aimm will reach out to its members to call for feedback before delivering a considered and measured response.
22/12/2017 PSA Business Plan and Budget 2018/19The Phone-paid Services Authority (PSA) has set out it's FY 2018-19 budget for consultation. The operational budget is £3,849,585, the same as the previous year but with an estimated market size reduction of £20.5m represents an increase to 0.94% of the cost of regulation to the companies operating in the market. PSA have kept the levy to the funding networks the same at 0.44% of outpayments by utilising fine revenue for the other 0.5% While the budget is a real-time reduction on previous years, aimm believes that there may be costs and manpower levels being sustained through roles that may no longer be applicable, the use of technology, particularly consumer facing is outdated and the sustaining of the position of being the "de-facto go-to party" for consumers for complaint resolution (which is not their role) is overdue a review as this drives regulatory changes that add constraint to innovation and new services. aimm believes that PSA should be taking dramatic steps alongside industry to resolve the significant consumer support issues that exist instead of constraining how digital merchants conduct their business. aimm also believes that monitoring, compliance and regulation is being performed by too many parties, indicating an ineffective overall regulatory environment, duplicated costs and further constraints on business, which do not support innovation and new services. Our draft response is now available for member comments and we will require feedback by 22nd January to enable us to meet PSA's deadline of 26th January. Please download the document below, add your comments and return to firstname.lastname@example.orgDate Opened14th December 2017Deadline26th January 2018
22/05/2017 Ofcom Call for Input on telecoms ADR scheme providersAlternative dispute resolution (ADR) is an important part of the protection available to consumers with complaints about their communications provider (CP). All communications providers are required to be members of an Ofcom-approved ADR scheme. Consumers can take their complaint to ADR eight weeks after they have complained to their telecom providers or, before that, if their complaint has reached deadlock. The two approved ADR schemes: Ombudsman Services: Communications (“OS”) and the Communications and Internet Services Adjudication Scheme (“CISAS”) are positioned effectively for communications issues, but are not able to provide ADR for users of premium rate services. Under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, premium rate merchants have to refer consumers to ADR in a deadlocked situation. Due to the telecoms linkage they must refer to the only two companies approved by Ofcom. These companies do not provide the correct support for either side of the dispute and in aimm's view it creates impasse. aimm has encouraged Ofcom to review this situation as part of its review of the two ADR providers.Date Opened31st March 2017Deadline12th May 2017
27/04/2017 PSA Consultation on proposals to enhance effectiveness of sanctions
The Phone-paid Services Authority (PSA) launched a consultation on proposals to enhance effectiveness of sanctions imposed by PSA Tribunals on non-compliant providers.They have been reviewing the effectiveness of their approach to sanctioning and whether their current approach effectively achieves the goal of preventing consumer harm, protecting the reputation of the market and creating a level playing field for industry. PSA are consulting on amendments to the sections of Supporting Procedures which set out the procedures adopted by the Tribunal when imposing sanctions. The proposed changes are to sections 12, 13 and 14 of the Supporting Procedures.Date Opened23 March 2017Deadline18 May 2017
20/04/2017 FCA Consultation on the Implementation of the revised Payment Services Directive (PSD2)The Financial Conduct Authority (FCA) are consulting on two documents and the Payment Services Regulator (PSR) - a subsidiary of FCA - is consulting on their own Approach Document for the implementation of the revised Payment Services Directive (PSD2). Collectively the three documents constitute 522 pages.
- FCA Consultation Paper: Implementation of the revised Payment Services Directive (PSD2): draft Approach Document and draft Handbook changes. Link
- FCA Approach document: Payment Services and Electric [sic] Money – Our Approach. Link
- Payment Services Regulator (PSR) Approach Document: The PSR’s proposed approach to monitoring and enforcing the revised Payment Services Directive (PSD2). Link
aimm's Positionaimm's response to the HM Treasury consultation formalised our previously identified and discussed issues relating to interpretation, cascade of exclusion and the financial impact of strict adherence. Read our response here: We are waiting for Treasury to respond to aimm. Inside the FCA consultation, two significant issues have been immediately identified 1. The description of "individual subscriber" which remains undefined in PSD2 and is a contradiction of defined terms elsewhere, is interpreted by FCA as the bill payer, not the user. 2. The FCA have for many years considered the intermediary role to be akin to Merchant Acquiring. The new term in PSD2 is Payment Acquiring. While aimm are negotiating a cascade of the telecom operators exclusion to Intermediaries, FCA are suggesting that the intermediary role requires registration. Our immediate response is to be aware of these potential issues but wait for Treasury to provide their formal position on these matters. We are also considering an escalation to Government ministers (Treasury and DCMS) and have asked Ofcom to become involved as both these issues create a serious threat to premium rate revenues and regulation.Date Opened13th April 2017Deadline8th June 2017
12/04/2017 Consultation Response: Implementation of the revised EU Payment Services Directive (PSDII)HM Treasury are seeking views on legislative changes proposed to meet the requirements of the revised Payments Services Directive II (2015/2366/EU) (PSDII). The area that AIME is concentrating on is the "telecom exclusion" detailed in Article 3(l) of PSD, which assumes that a telecom provider, taking a payment for a third party service and adding that payment to the consumer telecoms bill is acting as a Payment Service Provider (PSP). PSP's have to register and be authorised by the FCA. The exclusion from registration covers a limited range of products and services that can be purchased with a maximum value and a maximum monthly spend. The other area of concern for AIME is that Networks Intermediaries, all the way to the merchant are potentially captured as "Payment Acquirers" requiring FCA registration. AIMEs response to Treasury answered the questions being posed and covered in detail, the operational environment of telecoms based payments to ensure Treasury could brief ministers correctly if required.Date Opened2nd February 2017Deadline16th March 2017