Two Bristol-based companies and two company directors have
pleaded guilty to 83 offences in relation to prize draw promotions linked to
premium rate phone
lines following a massive Trading Standards investigation.
Cutting Edge Telecom Ltd and Pokie Ltd, of 70-72 North
Street Bedminster; Joseph Frederick Boll, a director of both companies and
Mark Seymour Hunter, a director of Pokie Ltd admitted the offences at
Bristol Magistrates Court on Wednesday, December 22nd
2004 following an investigation led by officers from Bristol City
Council.
The city council brought the action on their own behalf and
on behalf of Durham, Gloucestershire, Shropshire and Hampshire County
Councils and Telford and Wrekin District Council following complaints from
consumers across the country. It is thought to be the first time that
criminal proceedings have been taken against
prize draw scams linked to premium rate telephone lines. The
court heard that Bristol's Trading Standards service received a number of
complaints during 2003 about the promotions operated by the companies.
Hundreds of thousands of consumers received unsolicited
letters from Cutting Edge Telecom Ltd telling them 'You're a WINNER',
stating that they had been entered into a competition and that 'You have
definitely won one of the following: TVR Cerbera, Sony DVD Player, Toshiba
36" Widescreen TV, Intel Pentium 300 Mhz Personal Computer, Fuji Finepix
Zoom Digital Camera, Portable 14" Television'. They were encouraged to call
a number to find out which prize they had won and how to claim it. The
number was a premium rate number and calls cost £9 each.
Pokie Ltd distributed scratchcards free in newpapers and
magazines and the promotion operated in similar way to the Cutting Edge
mailshot. The list of prizes was similar and everyone who received a
scratchcard was told they were a winner and encouraged to call a premium
rate number.
Callers were told that they had won the personal computer.
But when they sent off for it they received a leaflet inviting them to
contact another company, Key Computers, and asking for £116.33 for a
reconditioned computer with a one year warranty - or £180.94 for a computer
with an operating system.
Few consumers took up this offer - but many complained they
had been misled into making the expensive call by claims in the mailshot
that their "prize" was "definitely worth more than the cost of the call" or
in the case of the scratchcard "worth at least 40 times the cost of the
call" or because they felt it was not a genuine competition and that it was
wrong to describe themselves as winners or the computer leaflet as a prize.
At court the defendants pleaded guilty to offences under the
Trade Descriptions Act:
· for making false statements that consumers who received
the computer leaflet were winners, in that the consumer was not a winner in
any recognised sense of the word, and
· for making false statements that consumers had been
entered into a competition in that there was no competition, merely the
selection of names to whom the mailshot would be sent.
They also pleaded guilty to misleading pricing offences
under the Consumer Protection Act:
· for indicating that a computer was one of the prizes and
therefore implying that
it would be provided free of charge, when in fact the
consumer was required to pay in order to obtain the computer, and · for
indicating either that the "prize" was "definitely worth more than the cost
of the call" or in the case of the scratchcard "worth at least 40 times the
cost of the call".
District Judge David Parsons referred the case to the Crown
Court for sentencing, on a date to be confirmed. He told the defendants:
“This was a cynical, manipulative and misleading scheme to generate the
maximum reward to yourself to the detriment of consumers.”