11. Information requirements

Using SMS:

Documentation of which SMS the customer sends and which SMS the customer receives are important in connection with the processing of customer complaints. All SMS sent by the content provider to the customer, which is important for the customer’s payment for the service MUST be sent via 4T (4T API).

Examples:

  • All kinds of receipt
  • SMS with subscription information, pin codes, content access etc.
  • SMS in connection with trial period
  • SMS in connection with stopping service (Good bye SMS)

Use of service name:

The same service name must always be used across all communication to the customer:

  • in banner ads, Facebook / Google ads, landing page, payment page
  • in all SMS messages to the customer (sign on – SMS receipt, Farewell and Thank you SMS)
  • the service name must also be used in referenceTitle in the 4T API, as it can be transferred to text on the customer mobile bill.

Phone bill information – referenceTitle:

Through the 4T API, there is an option to enter additional information about the name of the service that the customer has purchased.This 40 character long input field is called referenceTitle.

The information in referenceTitle is available to customer service staff of the mobile operators, and can be used in connection with billing complaints.

It is a requirement in connection with each assessment that referenceTitle is used.

ReferenceTitle must show the name of the service that the customer has purchased – SERVICE NAME.

Examples:

  • “Go Dream”
  • “Fun2Cell”
  • “MobilHub”

It is not sufficient to state the name of the 4T contract party. (Ex. Boku, Sinch or the name of the merchant providing the service).

 

11.1 General rules

11.1.1 Before the purchase

Information requirements for all Service Types regardless of the advertising medium:

The text containing the information requirements shall be clear and easy to read in terms of colour, position and duration, such that the text can in fact be read by the viewer/recipient before a decision on purchase is made.

1)   Service type

The nature of the type of service shall be implied by the service offering, e.g. a bus ticket, game, competition, poll.

 

2)   The total price of the goods or service

The price information shall be displayed with at least the same font size as the Application Code or the font size in the field where the End User is to state their mobile number.  Where several of the aforementioned possibilities in different font sizes are indicated, the price information shall correspond to the largest font size.

For one-off services: Price “+trafiktakst” (“+usage charge”). In the case of price information, the font shall be at least as large as the Application Code.

For Subscription-Type Services: Total price (and individual price where relevant) “+trafiktakst” (“+usage charge”). In the case of Subscription-Type Services, it shall also be made clear that the service is a subscription, and the total charge per billing period shall be indicated, including also the monthly charge. Here, the font size requirement is the same as for other mandatory information (see below).

For services which are advertised via digital media, the price information shall always be indicated in front of/above any key-in fields for mobile numbers.

 

3)     “+ Trafiktakst” (“+usage charge”)

The designation is only a requirement in advertising if the End User in connection with purchase of a service has to use mobile data traffic to gain access to the service, e.g. if the End User must download or upload something.

If, in connection with ordering a service, the End User only has to send an SMS or an MMS, the designation “+ Trafiktakst” or “+ SMS takst” (“+ SMS charge”) or “+ MMS takst” (“+ MMS charge”) is not required.

Regardless of whether the service is charged or zero-charged, it is not a requirement that “+ Trafiktakst” should have the same font size as the price information.

4) Information on the right of withdrawal and standard model withdrawal form (click here)

5) Name, address and telephone number of provider

6) Minimum contract period and termination procedure for Subscription-Type Services

7) Information about setup if there are special setup requirements (e.g. mobile Internet)

8) Terms of payment, delivery and time of delivery

9) The fact that, in withdrawing from a content service, the End User must pay for that part of the service which has already been delivered, provided the delivery was commenced at the express request of the End User

10) If there is no right of withdrawal or the circumstances under which the End User no longer has a right of withdrawal

 

In media with limited space or time to convey the information, the information requirements may be met by referring in the same medium to the place where the other information is available. This does not however apply to the information in nos. 1, 2, 4, 5 and 6. Any reference shall be directly related to the service offering.

11.1.1.1 Use of Application Code

All SMS communication from Content Providers shall contain the correct Application Code.

 

11.1.1.2 Zero-charged services

A minimum of the following information shall be provided for zero-charged services:

1) Service type

2) “+ trafiktakst” (“+usage charge”). This shall however be with same rules as above under section 11.1.1 (3).

3) Termination procedure for Subscription-Type Services.

 

11.1.2 During the purchase:

Information requirements for all Service Types where the End User’s full right of withdrawal lapses or is limited by the fact that delivery has been started before expiry:

An expressed request from the End User that delivery is to be started before expiry of the right of withdrawal shall for example take the form of the End User confirming a question to that effect. This could also be in the form of a “tick-of-box”.

 

11.1.3 After the purchase:

A confirmation receipt is required for all purchases.

The information which must be provided before the purchase (cf. section 11.1.1) shall be delivered to the End User on a Durable Medium after the purchase.

 

Subscription-type services

In the case of Subscription-Type Services delivered via SMS and subject to a Premium Rate per received item, each individual message shall contain the price and the termination procedure: Code text + STOP (e.g. “AJAX STOP”).

For the same type of services delivered via other media and which are subject to a Premium Rate per received item, the End User shall also be notified of the price and termination procedure on a Durable Medium in connection with charging.

On terminating a Subscription-Type Service the End User shall receive confirmation of termination.

 

Zero-charged Subscription-Type Services

In the case of zero-charged Subscription-Type Services, the End User shall be notified of the termination procedure for the service on each individual delivery in the same way as for Subscription-Type Services.

 

Nonprofit Collections

Confirmation shall be sent in connection with Nonprofit Collections.

 

11.2.1 Digital media

In the case of Internet-based services and other services not provided via a non-durable medium, the End User shall not be placed under time pressure during the purchase and before the purchase is carried out. This might for instance be a reduction in the time available to the End User to decide whether to purchase, for example by adding a timer function instructing the End User to press OK before the counter reaches 0.

Reference to the information requirements of 11.1.1 shall be made via a link to the same media; i.e. in the case of web sites, reference may only be made to another web site via a direct link. A web site may not accordingly refer to information requirements in a printed medium, for instance.

11.2.2 Printed media (for example newspapers, weeklies or monthlies, coupon books) in the publication notes

The reference shall be to publication notes in the same printed medium.

 

11.2.3 Non-durable media (radio, TV)

11.2.3.1 TV

Whenever a Premium Rate Service is advertised all mandatory information shall be provided.

The following mandatory information is defined as Mandatory Text and shall be displayed as text on-screen, horizontally and with a font size of at least five per cent (1/20) of the screen height. The font size is measured as the height of uppercase characters, e.g. M or X, of the font being used in relation to that part of the screen which is text safe.

Mandatory Text includes the following:

  • Price
  • Identity of Content Provider (unless the TV channel in question is also the Content Provider)
  • Right of withdrawal (reference may be made to this via a short/legible Internet address)

The following mandatory information shall only be provided when processing sending of an item:

  • Service Type (for instance, mentioning in connection with an advertisement/sending an item that it relates to an SMS poll, SMS competition or SMS Nonprofit Collection etc.)

If the service is a subscription-based service, the Mandatory Text shall also include:

  • Subscription.

In addition, if the service is continuous, i.e. continues until it is cancelled, the Mandatory Text shall also include:

  • Cancellation procedure.

Text shall appear on screen for at least two seconds, plus an additional 0.2 seconds per word. For example, text containing 12 words (e.g. “sms til 1xxx for at deltage i afstemningen. xx kroner udover trafiktakst” (“Text 1xxx to vote in the poll. DKK xx plus usage charge”) is 12 words, equivalent to minimum 2.0+12×0.2=4.4 seconds) shall remain on screen for at least 4.4 seconds.

The calculation is not just based on the Mandatory Text itself – if there is other text on screen at the same time as the Mandatory Text, the other text shall also be included in the calculation. For example, product names, model numbers and anything else on the same screen are included. For additional guidance, the text shall remain on screen long enough for it to be read out loud at normal speaking rate.

If a service is advertised on TV verbally and is referred to on TV, the price of the service shall be mentioned and if the service is a Subscription-Type Service, this fact shall also be mentioned clearly.

In the case of live TV an exception may be made, on request, from the time requirement above. This requires prior approval from the Mobile Operators, which need a processing time of at least 10 working days. Requests may be sent to the points of contact on their web site.

 

11.2.3.2 Radio

If the service is not provided by the channel operator itself, the Content Provider’s name shall be mentioned verbally, e.g. Lalandia. Regardless of Service Type, the provider’s name in this case shall be mentioned verbally, whereas all provider data indicated in section 11.1.1 shall be mentioned in all written communication to the End User.

When advertising Nonprofit Collections on the radio, the Content Provider’s address and telephone number may be omitted, provided the organisation in question is an approved one. Nevertheless, the subsequent return SMS must contain the provider’s name, address and telephone number. See example 3.