Warning to the End Users: Unsolicited SMS Texts from Short Code, Charged as Special Rate Service, have been Reported to HAKOM

ZAGREB, Sept. 18, 2017 – On September 15, the Croatian Regulatory Authority for Network Industries (HAKOM) received the complaints by the end users who had been charged for the service they did not request. In particular, the Electronic Communications Inspector received reports of the end users regarding the violations referred to in Article 49, paragraph 4 of the Electronic Communications Act (Official Gazette No. 73/08, 90/11, 133/12, 80/13 71/14 and 72/17, hereinafter: ZEK) stipulating, inter alia, that the billing of SMS and MMS messages at special rate may start after the user confirms the intent to use such service and  pursuant to Article 34 of ECA Ordinance other terms of service provision ma be prescribed.

The end users informed HAKOM about the received short text messages with the short code 868788 activated by the Binbit Zagreb doo, Hektorovićeva Street 2, 10000 Zagreb (hereinafter Binbit) who are charged as special rate service without the service being requested and despite sending the short word "STOP" to the said short code, the usage of the service was not interrupted pursuant to Article 47, paragraph 11 of the (Ordinance on the manner and conditions for the performance of the electronic communications networks and services / 13, 82/14, 24/15 and 42 / 16, hereinafter: Ordinance) continue to receive billing messages.

Due to reasonable doubts that many end-users are exposed  to such a manner where the special rate  service provider, in this case Binbit, sends short SMS messages with a special rate regardless the user's approval and due to possibility that the same procedure  can be  applied  to other users of services in mobile electronic communication networks, the inspector has requested temporary blocking of incoming and outgoing traffic for the aforementioned short code pursuant to Article 45, paragraph 2, item 1 of the Ordinance in order to avoid further unjustified costs for the end users.

ABOUT HAKOM: HAKOM (www.hakom.hr) - Croatian Regulatory Authority for Network Industries – ensures preconditions for a fair market competition, stable growth and environment for innovations in the electronic communications and postal services market. HAKOM protects users’ interests and the possibility of choice among various communications and postal services at affordable prices, defines sustainable competitive conditions for operators and service providers under fair conditions for return on investment, and provides support to economic growth, public services and the quality of life in the Republic of Croatia by using modern technologies. HAKOM’ strategic goals are: to promote regulation of the electronic communications and postal services market, to support growth of investments and innovations in the electronic communications and postal services market, to provide efficient use of limited resources, to accelerate the growth of broadband products and services, to provide affordable offers of communications and postal services, to provide protection and informing of users, to build an efficient and comprehensive information system, to define and implement efficient processes, and to acquire multi-disciplinary competencies in market regulation.