Dear Department for Culture, Media and Sport,

The Consumer Rights Act s.45(4) provides a consumers with a statutory right to a refund with the same payment method that was used to make the purchase of digital content.

Under mobile network operators current terms and conditions, if PRS providers add charges to a mobile phone bill, the terms and conditions are set out to ensure that the account holder is solely responsible for assessing the accuracy and completeness of Content and the value, age-appropriateness and integrity of goods and services offered by third parties, and must obtain a refund directly with a third party.

Network Operators have been sighting their terms and conditions to consumers to off load any liability for a refund, however without having any agreements with PRS providers in place to facilitate refunds back into their customers billing accounts.

Please provide a copy of any legal advice obtained by DCMS regarding this issue.

Please provide any plans , draft legislation etc DCMS or their umbrella bodies hold on how to rectify the current situation.

Please provide a copy of any emails, documents and minutes of meetings DCMS hold on this subject.

Yours faithfully,

G Rowland

FOI Mailbox, Department for Culture, Media and Sport

Thank you for your email which is now being dealt with by the Freedom of
Information Team at the Department for Culture, Media and Sport. 
You will receive a response to your information request within 20 working
days of receipt.
  

no-reply@dcms.ecase.co.uk on behalf of Correspondence Team, Department for Culture, Media and Sport

Dear G Rowland,

Thank you for your information request dated 4th August, in which you
asked for the following:

The Consumer Rights Act s.45(4) provides a consumers with a statutory
right to a refund with the same payment method that was used to make the
purchase of digital content.

Under mobile network operators current terms and conditions, if PRS
providers add charges to a mobile phone bill, the terms and conditions are
set out to ensure that the account holder is solely responsible for
assessing the accuracy and completeness of Content and the value,
age-appropriateness and integrity of goods and services offered by third
parties, and must obtain a refund directly with a third party.

Network Operators have been sighting their terms and conditions to
consumers to off load any liability for a refund, however without having
any agreements with PRS providers in place to facilitate refunds back into
their customers billing accounts.

Please provide a copy of any legal advice obtained by DCMS regarding this
issue.

Please provide any plans , draft legislation etc DCMS or their umbrella
bodies hold on how to rectify the current situation.

Please provide a copy of any emails, documents and minutes of meetings
DCMS hold on this subject.

We have dealt with your request under the Freedom of Information Act 2000
(the Act). We can confirm that the Department for Digital, Culture, Media
and Sport does not hold any information within scope of your request.

Yours sincerely,

Freedom of Information Team

Department for Culture, Media & Sport

4th floor, 100 Parliament Street

London SW1A 2BQ

www.gov.uk/dcms

Complaints and comments

As is customary in our replies, I would like to explain that if you are
dissatisfied with any aspect of our response to your request for
information and/or wish to appeal against information being withheld from
you please send full details within two calendar months of the date of
this email to: [DCMS request email]

You have the right to ask the Information Commissioner (ICO) to
investigate any aspect of your complaint. Please note that the ICO is
likely to expect internal complaints procedures to have been exhausted
before beginning an investigation.

Dear Department for Culture, Media and Sport,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Department for Culture, Media and Sport's handling of my FOI request 'Unfair terms and conditions'.

I am aware that this issue is currently being examined by the PSA an umbrella body under DCMS (and not subject to FOI.)

The PSA is the public Authority who regulates services added to a phone bill and that writes the code of practice to which Mobile Network Operators and Premium Rate Service providers (MNO and PRS) must adhere to. As regulator they must ensure MNOs and PRS providers comply with all the legislative requirements required.

As previously stated I am aware the PSA are examining if section 45 of the Consumer Rights Act applies to digital content purchased on a mobile phone and DCMS reviews and approves the code of practice written by the PSA.

Can you please confirm there has been no communication between DCMS and the PSA on this subject.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/u...

Yours faithfully,

G Rowland

FOI Mailbox, Department for Culture, Media and Sport

Thank you for your email which is now being dealt with by the Freedom of
Information Team at the Department for Culture, Media and Sport. 
You will receive a response to your information request within 20 working
days of receipt.
  

no-reply@dcms.ecase.co.uk on behalf of Correspondence Team, Department for Culture, Media and Sport

Internal Review of FOI2017/03013

G Rowland

[FOI #423192 email]

Dear G Rowland,

Thank you for your email of 1 September in which you requested an internal
review of your information request of 4 August. Your latest request was as
follows:

I am writing to request an internal review of Department for Culture,
Media and Sport's handling of my FOI request 'Unfair terms and
conditions'.

I am aware that this issue is currently being examined by the PSA an
umbrella body under DCMS (and not subject to FOI.)

The PSA is the public Authority who regulates services added to a phone
bill and that writes the code of practice to which Mobile Network
Operators and Premium Rate Service providers (MNO and PRS) must adhere to.
As regulator they must ensure MNOs and PRS providers comply with all the
legislative requirements required.

As previously stated I am aware the PSA are examining if section 45 of the
Consumer Rights Act applies to digital content purchased on a mobile phone
and DCMS reviews and approves the code of practice written by the PSA.

Can you please confirm there has been no communication between DCMS and
the PSA on this subject.

A full history of my FOI request and all correspondence is available on
the Internet at this address:

https://www.whatdotheyknow.com/request/u...

Your original request asked:

The Consumer Rights Act s.45(4) provides a consumers with a statutory
right to a refund with the same payment method that was used to make the
purchase of digital content.

Under mobile network operators current terms and conditions, if PRS
providers add charges to a mobile phone bill, the terms and conditions are
set out to ensure that the account holder is solely responsible for
assessing the accuracy and completeness of Content and the value,
age-appropriateness and integrity of goods and services offered by third
parties, and must obtain a refund directly with a third party.

Network Operators have been sighting their terms and conditions to
consumers to off load any liability for a refund, however without having
any agreements with PRS providers in place to facilitate refunds back into
their customers billing accounts.

Please provide a copy of any legal advice obtained by DCMS regarding this
issue.

Please provide any plans , draft legislation etc DCMS or their umbrella
bodies hold on how to rectify the current situation.

Please provide a copy of any emails, documents and minutes of meetings
DCMS hold on this subject.

I have dealt with your request under the Freedom of Information Act 2000
(the Act). I have re-examined the handling and scope of your original
request and I can confirm that the department does not hold any
information within scope of your request.

Yours sincerely,

David Balloch

Freedom of Information Team Manager

Department for Culture, Media & Sport

4th floor, 100 Parliament Street

London SW1A 2BQ

Tel: 020 7211 6395

www.gov.uk/dcms

Complaints and comments

You have the right to ask the Information Commissioner (ICO) to
investigate any aspect of your complaint. Please note that the ICO is
likely to expect internal complaints procedures to have been exhausted
before beginning an investigation.

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