Mobile Premium Services (MPS) allow consumers to pay for digital content (like apps or games) and services (like competition entries, voting and charity donations) on their mobile phone account or using pre-paid credit.

Rules about MPS are contained in the MPS Industry Code and two pieces of regulation called Determinations. The MPS Industry Code, is being updated with provisions from MPS Determination 1, so that Determinations 1 and 2 can be repealed in April 2021.

ACCAN is not aware of any issues repealing MPS Determination 1, so long as all key consumer protections are transferred to the MPS Code. ACCAN has identified one key rule in Determination 1 that appears not to have been incorporated in the draft Code: the requirement to provide a customer-convenient service to facilitate the barring of MPS services. This rule should be transferred to the draft Code so customers can easily bar MPS. ACCAN also expressed its concerns regarding the potential removal of important consumer protections contained in Determination 2.

You can read ACCAN’s feedback on the 2019 MPS Industry Code here.

Part 8 of Determination 1 requires telcos to provide a ‘customer-convenient service’ – that is, an easy convenient communication method – so that customer to request the barring of all MPS. This rule has not been transferred to the draft Industry Code.

It is essential this provision is represented in the Industry Code to ensure consumers do not having difficulty barring MPS.

Determination 2 contains the ACMA’s Do Not Bill powers. These allow the ACMA to direct RSPs to not bill any customer for MPS from a specific MPS provider, in the event that the provider has broken the rules or acted poorly. These rules should be retained so that the ACMA can intervene quickly when necessary. ACCAN argues that the Do Not Bill powers should be expanded to include not just MPS but all types of third-party billing.

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