Commentary on Sections Part 3 Miscellaneous and General Schedule 7: Enterprise Act 2002: enhanced consumer measures and other enforcement Section 80: Contravention of code regulating premium rate services
413.Under sections 120 to 123 of the Communications Act 2003, providers of premium rate services are obliged to comply with the code published by the regulator, PhonepayPlus, and approved by Ofcom for the purposes of regulating such services.  Premium rate services are a form of micro-payment for content, data services and value added services charged to a telephone bill.  They include services such as directory inquiries, voting in competitions and quizzes, business information lines, making charity donations by text and making payment for digital goods and services.
414.PhonepayPlus may impose a maximum penalty of £250,000 in respect of a contravention of the code.  For example, some providers may use intentionally misleading promotional material or fail to provide clear pricing information, leaving consumers out of pocket.
415.This section amends these provisions to make clear that the maximum penalty of £250,000 can be imposed in respect of each breach of the code and not, as has been argued by some providers, just once regardless of the number of provisions of the code that have been breached in any one set of proceedings against a provider.
416.This will allow PhonepayPlus to impose penalties of more than £250,000 in appropriate cases and where it is proportionate to do so.