Euro da Sorte, Lda. (hereinafter referred to as Euro da Sorte) was registered as provider of message-based value-added services with No. ICP-ANACOM-1/2015-SVA, having been allocated codes “68954”, “68955”, “62964” and “62965”, the latter two for a continuous provision of services.
This registration covers general conditions and the detailed description of services to be provided via these four codes and constitutes an enabling title for the exercise of that activity.
The provision of message-based value-added services is governed by Decree-Law No. 177/99, of 21 May, as amended as republished by Decree-Law No. 8/2013, of 8 January (hereinafter referred to as Decree-Law No. 177/99).
According to paragraph 1 of article 12 of this statutory instrument, it is incumbent upon ANACOM to monitor whether services provided comply with access codes assigned, as well as to enforce provisions laid down in article 9-A, on conditions for the provision of the referred service.
Following a series of complaints, ANACOM carried out a set of inspection activities in March 2016, in order to verify compliance with obligations associated to the activity of provider of message-based value-added services pursued by Euro da Sorte, namely via the “68954” and “68955” access codes.
These inspection activities allowed the gathering of compelling evidence that the company had breached the conditions and limits set out under paragraph 2 a) of article 6 as well as conditions provided for in article 9-A of Decree-Law No. 177/99, by infringing general conditions and the detailed description of the service concerned, notified pursuant to paragraphs 1 and 2 of article 5 of the same statutory instrument, on the basis of which rights of use for the referred access codes had been allocated, as laid down in Registration No. ICP ANACOM–1/2015–SVA, affecting the legally protected rights and interests of users, namely their assets.
Taking the described facts under consideration, the Management Board of ANACOM determined, on 22 March 20161 - no prior hearing having taken place - the suspension of the use of the “68954” and “68955” access codes allocated to Euro da Sorte, setting a 10-day lime limit for the company to adopt the following corrective measures (and to provide evidence thereof to this Authority):
1. Implementation of an automated mechanism in the operating platform/app, so as to ensure that Euro da Sorte may only order the provider of support services to send value-added messages after a confirmation has been received;
2. computer record without human intervention, in a durable medium, of all confirmation messages and orders issued to the provider of support services to send value-added messages;
3. amendment of the regulation of the Almanaque d’Ouro contest and of the content of value-added messages from the allocated “68955” access code, so that they cease to inform that the entry in the contest is free-of-charge;
4. Call centres of Euro da Sorte are required to provide clear and unambiguous information, in compliance with the content of the initial information message, so as to guarantee full clarification.
ANACOM further established in this Determination that where the company failed to abide by the determined measures within the time-limit imposed, the Authority would revoke the right of use for access codes, as well as the company’s registration as a provider of message-based value-added services, pursuant to paragraph 3 of article 13 of the mentioned statutory instrument.
1 Cfr. Determination of 2 March 2016, notified to Euro da Sorte on the same date - pages 314 to 326.
