Consultations

PSA published a public consultation on vulnerability guidance in March 2016.

The proposed Guidance is intended to:

• Assist providers to interpret the Code and remain compliant with it
• Assist providers to proactively ensure they mitigate any risks of taking unfair advantage of vulnerable consumers
• Contribute to building trust in the market
• Define who is likely to be considered as vulnerable consumers by detailing some of the characteristics and circumstances that may lead to a situation of vulnerability

aimm Members worked extensively with Phone-paid Services Authority prior to the guidance being written to ensure that the Guidance was fair, pragmatic and provided information to providers to help manage risks. The risks identified were when vulnerable people used premium rate services and when marketing was targeted at a vulnerability (e.g. debt management) or a vulnerable group (e.g. children). As a result of the pre-consultation work, very few comments were made by aimm in our consultation response.  

Phone-paid Services Authority are undertaking a public consultation on five pieces of Guidance that have been amended or developed afresh. They are seeking to offer clear and accessible Guidance to PRS providers and other stakeholders, and to keep Guidance under regular review. The consultation runs until 11 April 2016.

The consultation comes after a widespread review into current Guidance. The Guidance Development Project considered each piece of Guidance and whether it required amendment. Scoping activities during the review included close dialogue with aimm to test their analysis. The five pieces of Guidance that have been amended or developed afresh relate to:

• Advice services
• Digital marketing and promotions
• Enabling consumer spend control
• Method of exit from a service
• Subscription services

aimm's response mainly focused on the tone of some guidance and the clarity of the information provided as we believe that this information should be clear to new participants and should encourage reading.

PhonepayPlus is undertaking a public consultation on five pieces of Guidance that have been amended or developed from new. They are are seeking to offer clear and accessible Guidance to PRS providers and other stakeholders. On this understanding AIME responded as we did not feel that some of the guidance proposed was clear and accessible. Other pieces of guidance are clear and we demonstrated these as good examples.   AIME also responded on the proposals for updating other pieces of guidance.  

PhonepayPlus launched their consultation on its 14th edition of the Code of Practice following a review of Part 4 of the Code.

Part 4 is the area of the Code which sets out the procedures PhonepayPlus uses when investigating, adjudicating and where appropriate imposing sanctions in response to allegations of consumer harm. Part 4 also currently sets out procedures for appeals following any adjudication. AIMEs response to the consultation is to support the broad concepts of a fair, proportionate, accessible and negotiable process, but we have concerns on the details of the process viewed through a cynical lens and we believe that the process needs an accessible review or appeals process to ensure that providers are not denied the justice that a Judicial Review could bring but at great cost to themselves and obviously to industry, if PhonepayPlus lose the review. While AIME members do not anticipate being subject to a Track 2 investigation, we urge familiarity with both the process and our recommendations to PhonepayPlus.

PhonepayPlus is consulting on:

• A budget for 2016/17 which represents a 5% saving in real terms but increases the levy to industry by 23%
• A full-cost operating budget for the regulation of PRS estimated at £4,269k
• An adjusted levy of 0.74%
• Registration Scheme fees remaining unchanged at £155 + VAT, and exemptions to registration remaining the same