The Regulation of Premium Rate Services Order 2024
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Change 1
45 Attempted use of a facility comprised in a competition or voting service after a time limit has expired
(1) Where a consumer attempts to use a facility comprised in a competition or voting service after the time limit specified by a merchant in accordance with article 42(1) has expired, the merchant must comply with the requirements of this article. (2) The merchant must not impose any charge on the consumer in relation to the consumer’s attempt to use the facility. (3) Where the merchant imposes a charge (contrary to paragraph (2)) in relation to the consumer’s attempt to use the facility, the merchant must pay the refund to the consumer after it becomes aware of that attempt— (a) by making arrangements so that the consumer receives the refund as a credit to the amount of the consumer’s next bill or in such other manner and by such time as the merchant and consumer may expressly agree, and (b) without imposing any charge on the consumer in respect of paying the refund. (4) The merchant must also provide to the consumer without undue delay after it becomes aware of the consumer’s attempt to use the facility, in a way appropriate to the means of communication used— (a) a confirmation of the fact that the attempt to use the facility was unsuccessful, and (b) either— (i) a confirmation of the fact that no charge has been imposed in relation to that attempt, or (ii) information that the merchant has imposed a charge (contrary to paragraph (2)) in relation to the consumer’s attempt and that it will pay a refund for that charge in accordance with paragraph (3), whichever is applicable in the consumer’s case. (5) In this article, “bill” has the meaning given in article 23(2).
45 Attempted use of a facility comprised in a competition or voting service after a time limit has expired
(1) Where a consumer attempts to use a facility comprised in a competition or voting service after the time limit specified by a merchant in accordance with article 42(1) has expired, the merchant must comply with the requirements of this article. (2) The merchant must not impose any charge on the consumer in relation to the consumer’s attempt to use the facility. (3) Where the merchant imposes a charge (contrary to paragraph (2)) in relation to the consumer’s attempt to use the facility, the merchant must pay the refund to the consumer after it becomes aware of that attempt— (a) by making arrangements so that the consumer receives the refund as a credit to the amount of the consumer’s next bill or in such other manner and by such time as the merchant and consumer may expressly agree, and (b) without imposing any charge on the consumer in respect of paying the refund. (4) The merchant must also provide to the consumer without undue delay after it becomes aware of the consumer’s attempt to use the facility, in a way appropriate to the means of communication used— (a) a confirmation of the fact that the attempt to use the facility was unsuccessful, and (b) either— (i) a confirmation of the fact that no charge has been imposed in relation to that attempt, or (ii) information that the merchant has imposed a charge (contrary to paragraph (2)) in relation to the consumer’s attempt and that it will pay a refund for that charge in accordance with paragraph (3), whichever is applicable in the consumer’s case. (5) In this article, “bill” has the meaning given in article 23(2).
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