Mobile premium services
What are mobile premium services?
Mobile premium services include news, financial data, weather information, horoscopes, mobile ringtones, adult services, games, competitions and chat services provided via mobile phones. They are offered from numbers starting with 19 and are often provided at a much higher cost than a standard mobile call.
Mobile premium services code
The mobile premium services sector is governed by an industry code that sets out detailed rules and procedures to protect consumers. The code came into effect on 1 July 2009.
The code requires premium content service providers to supply consumers with clear information about the costs and terms and conditions for using a mobile premium service. In addition, it sets out procedures that must be followed when consumers subscribe to, or unsubscribe from, a premium service. The code also contains a number of other important consumer protections including the ban of advertisements targeted at children under 15, strict rules about how advertisements (and charges) are displayed and complaints handling obligations on companies that supply these services.
Compliance with the code is not optional. It is enforceable by the industry regulator, the Australian Communications and Media Authority (ACMA). To complement the code, ACMA is implementing a comprehensive monitoring regime to ensure industry compliance with the code, and take enforcement action when required.
A person can cancel any service by replying ‘STOP’ to the number that sends the premium service. Content service providers are obliged to comply with the stop command and any failure to do so should be reported to the service provider immediately. Some service providers provide the option of blocking mobile premium services and consumers may wish to contact their service provider to ask whether this service is available to them. The Government expects an additional regulatory requirement on all carriers to provide the option to bar mobile premium services will be in place by July 2010.
ACMA will require service providers to implement a call barring capability for mobile premium services via a ‘service provider determination’. Service provider determinations are legal instruments made by the ACMA under Section 99 of the Telecommunications Act 1997 and place obligations on carriage service providers and content service providers. The determination will contribute to the comprehensive package of measures to protect the consumers of mobile premium services.
Mobile premium service complaints
The Telecommunications Industry Ombudsman (TIO) is the nominated body for handling escalated complaints. Consumers who wish to dispute or complain about charges on their bills for mobile premium services should contact the service provider first. Each service provider has an obligation under the TIO to assist consumers with complaints.
Consumers who are unable to resolve their concerns with a service provider may wish to contact the TIO. The TIO offers a free and independent dispute resolution scheme for small business and residential consumers and is independent of industry, the Australian Government and consumer organisations. It can investigate complaints about the costs and terms and conditions applying to mobile premium services.
For more information about the TIO visit www.tio.com.au, or contact the TIO on freecall 1800 062 058, freefax 1800 630 614 or email tio@tio.com.au.
Consumer fact sheet
ACMA and the Australian Competition and Consumer Commission (ACCC) have released a mobile premium services 
fact sheet (PDF, 54kb) to assist consumers. It includes information about the risks associated with mobile premium services, how to cancel or stop a mobile premium service and how to contact the ACCC if a consumer believes an advertisement for mobile premium services was misleading or deceptive.
19SMS
The Communications Alliance has also launched a website, www.19sms.com.au, to inform consumers about mobile premium services and how to seek help when problems arise.
