Consultations

AIME Responded to the request for input from the Payment Services Regulator. The response document is available here.

This consultation response was submitted to PhonepayPlus by AIME Industry Support Member, M Law LLC (www.mlaw.co.uk) and details the legal or policy positions of various concerns that were raised in the AIME response. AIME cross referenced the M Law document.

PhonepayPlus released their consultation on the 13th Code AIME summary of the proposed changes are:

• Live services spend cap of £45, with £15 reminders
• Childrens’ Services max £3 per item  £12-£20 per month
• Email and web based support permitted as well as phone based
• Price  caps /reminders removed from code and put onto a website to provide flexibility
• Prior permission regime completely overhauled. Most prior permission requirements built into code
• Prior permission overhaul has introduced a risk to subscription services
• Certain categories of provider / service are exempted from registration requirement
• Earlier notice of Track 2 starting so that corrective action can be taken.
• Earlier withhold of revenue if PPP instigates a Track2.
• Test for unreasonableness not required for a Review of a Tribunal decision.
• Providers must go through paper-based tribunal first – exceptions have to be by evidenced based request
• Changes to the ‘Vulnerability’ definition and scope
• Changes to its power to determine L1 / L2 status (current rule 5.3.8c)

AIME polled Members views and also ran a workshop on 19th August. The final AIME Consultation response is available from the link below.  

This consultation document seeks comments on whether Ofcom should approve, under section 121 of the Communications Act 2003, a new edition of the PhonepayPlus Code of Practice for regulating Premium Rate Services. AIME responded in the  deadline requested 10th September 2014 - to support some of the changes proposed by PhonepayPlus but also expressed AIME Members concerns around uncertainty created by certain changes. AIME has also expressed concern over changes to the enforcement procedures that could cause legal challenges when deployed due to the anomalies between UK and EU law and the proposals. We requested that PhonepayPlus stay these changes and use the current observations made by the English High Court on their procedures to start a review of procedures with a separate consultation. AIMEs response to Ofcom is web based and may take some time to go live on Ofcoms site. To view the AIME response, click the response link below. AIME Members Response - Ofcom approval of PPP 13th Code 10Sep14  

Ofcom considers that there needs to be greater clarity on the restrictions on the use of 03 telephone numbers, specifically whether Communication Providers who host 03 numbers are prohibited from sharing the revenue they earn from calls to their 03 numbers with callers who call their 03 numbers. In the absence of a restriction on such arrangements, if the revenue that a Communication Provider receives for terminating calls to its 03 numbers exceeds the associated cost, Ofcoms considers it may attempt to incentivise callers to call its 03 numbers by sharing some of this revenue with them – either directly or indirectly, for example by offering benefits- or services-in-kind. Recently, Ofcom observed the emergence of telephony services that offer customers financial or other benefits in return for calling their 03 numbers and they are minded to remove the revenue share. Please provide to AIME any thoughts that you may have on this consultation on email to info@aimm.co