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PRS are usually advertised on 09 dialling codes and SMS Short codes. We advise marketers to be transparent when advertising PRS and we draw their attention to some common pitfalls.
Marketers should ensure that advertisements for premium-rate services are not misleading by omission and that they make clear the cost of calls (Rule 9.2.6).
Advertisements for PRS sent directly by SMS are obviously subject to the same legal requirements as any other mobile marketing techniques and should normally be sent only to those who have agreed to receive them (Rule 10.13.3). Marketers should refer to the Phonepay Plus Code of Practice on premium-rate services: (See Premium rate services: remit and the Phonepay Plus Code of Practice).
See also Sales promotions: lotteries and Sales promotions: free entry routes.
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Free offers may be so described only if they cost no more than the unavoidable cost of responding – that includes posting a letter or making a local call but not calls to a PRS (Rule 3.23).
Asking consumers to call a PRS to obtain their “Free” item is a breach of the Code.
Marketers must make clear whether accessing a premium-rate service will result in the consumer being automatically signed up as a subscriber to that service – instead of them merely receiving one-off content – and will result in a regular charge (see Telecommunications: Mobile phone downloads and subscription services).