The Regulation of Premium Rate Services Order 2024
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Change 1
28 Express consent for charges imposed under a subscription contract entered into by means of an SMS message
(1) This article applies to a subscription contract entered into by means of an SMS message, except for a subscription contract for a recurring donation service. (2) The merchant must not impose any charge unless, directly before the consumer is bound by the contract, the merchant has satisfied the conditions in this article. (3) The first condition is that the merchant must make available to the consumer, directly before the consumer pays or agrees to pay the charge for the provision of the service, in a clear, comprehensible and prominent manner— (a) by means of an SMS message, the information specified in sub-paragraphs (g), (h) and (o) of paragraph 2 of Schedule 3, and (b) the information specified in sub-paragraphs (a), (b), (c), (i), (j), (k) and (l) of paragraph 2 of Schedule 3 either— (i) by means of an SMS message, or (ii) by means of a webpage, a link to which is provided in the SMS message referred to in sub-paragraph (a). (4) The second condition is that the merchant must obtain the consumer’s express consent by ensuring that the consumer explicitly acknowledges that the provision of the service in question entails an obligation to pay the charge in question. (5) The consumer’s express consent is deemed to have been given when the consumer replies by means of an SMS message in response to the SMS message referred to in paragraph (3) with a word such as ‘SUBSCRIBE’ or a corresponding unambiguous formulation indicating that the consumer’s reply entails an obligation to pay the merchant. (6) In this article— “recurring donation service” means a threshold service that includes the making available of a facility for making payments at regular intervals to a charity; “subscription contract” has the meaning given in article 8(5).
28 Express consent for charges imposed under a subscription contract entered into by means of an SMS message
(1) This article applies to a subscription contract entered into by means of an SMS message, except for a subscription contract for a recurring donation service. (2) The merchant must not impose any charge unless, directly before the consumer is bound by the contract, the merchant has satisfied the conditions in this article. (3) The first condition is that the merchant must make available to the consumer, directly before the consumer pays or agrees to pay the charge for the provision of the service, in a clear, comprehensible and prominent manner— (a) by means of an SMS message, the information specified in sub-paragraphs (g), (h) and (o) of paragraph 2 of Schedule 3, and (b) the information specified in sub-paragraphs (a), (b), (c), (i), (j), (k) and (l) of paragraph 2 of Schedule 3 either— (i) by means of an SMS message, or (ii) by means of a webpage, a link to which is provided in the SMS message referred to in sub-paragraph (a). (4) The second condition is that the merchant must obtain the consumer’s express consent by ensuring that the consumer explicitly acknowledges that the provision of the service in question entails an obligation to pay the charge in question. (5) The consumer’s express consent is deemed to have been given when the consumer replies by means of an SMS message in response to the SMS message referred to in paragraph (3) with a word such as ‘SUBSCRIBE’ or a corresponding unambiguous formulation indicating that the consumer’s reply entails an obligation to pay the merchant. (6) In this article— “recurring donation service” means a threshold service that includes the making available of a facility for making payments at regular intervals to a charity; “subscription contract” has the meaning given in article 8(5).
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