Ofcom has fined each of TalkTalk Telecom Ltd (TalkTalk) and Tiscali UK Ltd (Tiscali) £1,524,728 respectively for breach of General Condition 11.1 of Ofcom’s General Conditions of Entitlement (General Condition 11.1).
General Condition 11.1 states that any bill issued by a communication provider to a customer must represent only the service actually provided to the customer. Ofcom notified both TalkTalk and Tiscali that they were in breach of this condition in November 2010 because they had issued bills to customers for services that had not been provided and for cancelled services. TalkTalk and Tiscali were given until 2 December 2010 to rectify the consequences of their breach and to comply with General Condition 11.1. Ofcom found that, despite attempts to remedy the breach and comply with General Condition 11.1, TalkTalk and Tiscali still incorrectly billed a number of customers after 2 December 2010.
In imposing the fine, Ofcom concluded that the level of the fine reflects the gravity of the breach of General Condition 11.1 but also reflects compliance and remedial steps taken by the parties.