The advertisements, sent by fax, invited businesses to send their details to a premium rate fax line if they wish to amend their entry or receive a more prominent listing in the www.directoryenquiries.biz directory which gave the false impression of being associated with BT’s services. In fact, Planet Telecom had simply obtained a copy of the BT database.
In March 2002, the High Court granted an interim injunction under the Control of Misleading Advertisements Regulations of 1988 against Planet Telecom plc and 192enquiries.com Ltd, as well as Peter Hutcheon and John Tonge, director and former director of Planet Telecom.
The final injunction made by the court followed contempt of court proceedings brought by the OFT, after receiving evidence from Wigan Trading Standards and members of the public that Planet Telecom was continuing to issue, in the opinion of the OFT, misleading advertising prohibited by the interim injunction.
The final order strengthens the previous order, requiring any future advertisements to display clearly the full web site address of the business directory at the top of the advertisement.