The judgment stated that it is beyond dispute that Nordic Media had billed consumers on the basis of caller ID information alone. This, however, was not sufficient to establish the identity and the age of the User of the phone sex services, and that text boxes are little useful when people can easily proceed despite being under age. No prior agreement was made between the Content Provider and the User concerning the use and terms of the services for which Nordic Media had been charging. Nordic Media had thus
acted contrary to the principles of good marketing practise, as set forth in section 1 of the Marketing Practises Act, by billing consumers without having the legal right to do so. The Court agreed that an invoice is misleading when it leaves a subscriber with the impression that he or she is obliged to pay even if this is not true. The billing concept was thus also found in breach of section 2 of the Danish Marketing Practises Act concerning misleading advertisement.
