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C637:2019 Mobile Premium Services (MPS) Code - Incorporating Variation NO.1/2021

C637:2019 (pdf 467kb)

In 2019, a revision to the Code was made to include Premium Direct Billing Services within the scope of the Code. The 2019 revision of the Code introduces a number of additional consume safeguards, some of which include:

  • a new definition of Premium Direct Billing Service to distinguish these services from Premium Messaging Services. These services were previously not included in the scope of the Code;
  • a new obligation for Carriage Service Providers to introduce a Customer Verification Process which requires Customer Verification prior to the ability to subscribe to a Subscription Premium Service;
  • the inclusion of Premium Direct Billing Services in all rules relating to advertising, providing service information, supplying a Mobile Premium Service, Complaint Handling and mechanisms to unsubscribe and opt-out of Mobile Premium     Services. This will ensure that Premium Direct Billing Services are treated in the same way as Premium Messaging Services with respect to consumer safeguards and obligations on relevant suppliers;
  • updates to the provision of information regarding Mobile Premium Services and the options available to Customers in relation to the barring of Mobile Premium Services;
  • a new definition of Registration-only Digital Content Service. It should be noted that while charges for these services are able to be billed directly to a Customer’s mobile bill, these services require users to create an account directly with the service provider before they can access and be charged for the service. For this reason, these services are not included in the scope of the Code. This includes, for example, apps available from Google Play, the Apple Store and Netflix;
  • a new provision for all Carriage Service Providers to set a default spend limit on Mobile Premium Services, for new residential and small business customers, of $20 per month for each Public Mobile Telecommunications Service (PMTS) associated with a Customer’s account;
  • a reduction from $30 to $10 for spend notifications, per Premium Service used, from a Content Supplier to Customers;and
  • addition of the term ‘Personal Information’ and relevant clause to align with the Privacy Act.