A COMPANY has been barred from operating a "misleading" text message prize draw for 12 months following complaints from a crusading York councillor.

Coun Paul Blanchard, who represents Heworth, complained to telephone watchdog ICSTIS after receiving an unsolicited text message on his mobile phone, reading: "URGENT! This is our 2nd attempt to contact U. Last weekend's draw shows that U have won a £1,000 prize!"

It said he should call a premium rate number to claim, and added "T&Cs...150ppm."

Coun Blanchard said he assumed 150ppm meant 150 pence per minute to call, but claims a call would have cost about £14 from a mobile.

In a letter to the councillor, ICSTIS case officer Shamita Kumar says the London-based company, Tornado Exec Ltd, trading as TXTM, was found to be in breach of the watchdog's code of practice for the

following reasons:

The promotional material failed to advise recipients of call costs

The service was found to be misleading

The promotional material failed to give significant terms and conditions

"The service provider has been barred from operating this service for a period of 12 months and would thereafter be required to amend much of the service and promotional material should they choose to operate this particular service again," Miss Kumar said.

"In addition to this, the company responsible will have to pay for the cost of our investigation." Coun Blanchard said: "It's absolutely brilliant. It just goes to show that when you take action things do happen.

"The fight now goes on and I'm quite willing to take up the issue on other people's behalf."

Anyone who receives a premium rate text message they want Coun Blanchard to investigate can email him at cllr.pblanchard@york.gov.uk

Tornado Exec Ltd were unavailable for comment.

ICSTIS has previously revealed that the number of complaints about text message scams has rocketed in the past year.

It said it had barred access to 15 lines, and imposed fines of up to £50,000 on the companies responsible.

Updated: 10:39 Saturday, November 29, 2003