Spain: Company convicted of cheating via SMS

17-07-2014 / 17:51 h EFE

The Court of Instruction Number 5 Caceres has condemned the sole director of a company providing messaging services for mobile telephony to third parties for a crime of fraud of charging for messages that users received after registering on a website “without specifying the cost of the operation”.

Judge, in the judgment to which Efe had access, aL conviction sole administrator of this courier company based in Barcelona to pay a fine of 1.200 euros to compensate a client of Caceres, victim of scam, with 71 euros.

The scam was that through a web page, users filled in a form to enter a drawing, perform some test on-line or participate in a vote via SMS.

Once completed the mobile phone calls and is said to be necessary if you want to know the test result, draw, vote fetching, but “without warning clearly and unmistakably that have a high cost”.

Also, from that time the company will start sending text messages which will cost 1,20 euros plus VAT, This way the user does not discover the deception called messages “Premium” until you receive the invoice.

Thus the complainant used the services of a website and gave his mobile number, receiving a message that gave a pin number to be canned “without warning the cost of the service to be hidden in a lot of information of little interest”.

Between 29 January 12 February this year, the complainant received 49 posts, an average of six messages a day with a cost of 1,20 euros each.

The judgment, date 4 July, is not firm and against it will be appealed to the Audiencia Provincial de Caceres.

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