Issue 34 • OCT 2012
Premium scratchcards deemed unlawful by European Court
THIS MONTH... News
The latest news from the industry, along with analysis of what that news means, including: • Failure to roll out 4G costs UK £120m this Christmas says eBay 3 • O2 to use Voice Short Codes in James Bond Promo 4 • Fortumo first to market with in-app billing for Windows 8 5 • A cut above? O2 rolls out free wifi for Toni & Guy 6 • ShortList Publishes first ‘playable’ mag cover using blippar 7 • PPP levies £450k fines for misleading Facebook scams 8 • Bango’s m-payments now reaches 1billion people worldwide 9
Analysis
with the high street as Scratchcards that require consumers to call a premium number to claim their prize if they win have been deemed unlawful by the European Court of Justice (ECJ) following a high profile scam and a long running test case in the UK. The move could be a “hammer blow” to any company running such services, warns AIME, and is a blow to the tentative recovery in the PRS sector believe industry watchers. The move comes after scratchcard company Purely Creative was heavily fined for getting people to call PRS numbers to claim prizes – calls which racked up huge phone bills and often added many hundreds of pounds in costs to supposedly free prizes. The ECJ – following a length test case by the Crown Prosecution Service (CPS) in the UK – has now outlawed the practice and forced anyone offering these services to not only offer greater transparency on cost relative to prize for claimants and to not indulge in practices that will allow callers to run up large bills trying to claim prizes. Many of the cards are produced by a company called Purely Creative, who have been the subject of dozens of complaints, according to Melanie Abbott of BBC Radio 4’s You and Yours. These include the cost of the prize not being worth the cost of the call to claim it, and holiday prizes incurring extra costs. However, a spokeswoman for Purely Creative denied it had received “dozens of complaints” and said it received “a lot of positive feedback” from its consumers. It also said one particular case study brought to its attention, which complained about a holiday prize, dated from 2004 and was for a promotion that the company no longer ran. In a statement following the ECJ’s ruling, Purely Creative said: “The ECJ’s interpretation will have an operational impact on all businesses, including charities, across the European Union that run promotions which offer prizes. Even National Lotteries are not exempt. As such we are surprised by the scope of the ruling and believe that other businesses and institutions will be equally surprised once they become aware of the implications of the ruling.”
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