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COMPLAINT PROCEDURES FOR USERS OF TELECOMUNICATIONS SERVICES

I SEMINARIO INTERNACIONAL SOBRE PROTECCIÓN DE LOS DERECHOS DE USUARIOS DE LOS SERVICIOS DE TELECOMUNICACIONES. COMPLAINT PROCEDURES FOR USERS OF TELECOMUNICATIONS SERVICES. Consumer protection in telecommunications services

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COMPLAINT PROCEDURES FOR USERS OF TELECOMUNICATIONS SERVICES

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  1. I SEMINARIO INTERNACIONAL SOBRE PROTECCIÓN DE LOS DERECHOS DE USUARIOS DE LOS SERVICIOS DE TELECOMUNICACIONES COMPLAINT PROCEDURES FOR USERS OF TELECOMUNICATIONS SERVICES Consumer Support and Public Attendance Area Information and Consumers Department

  2. Consumer protection in telecommunications services General guidelines about the EU legal framework, the role of NRAs and the role of ANACOM • Complaint handling procedures and alternative dispute resolution (ADR) Complaint handling by service providers and by NRAs, ADR, some European examples and the Portuguese case  • Consumer information ANACOM’s instruments and measures to promote consumers information

  3. Consumer protection in telecommunications services General guidelines THE EU REGULATORY FRAMEWORK FOR ELECTRONIC COMMUNICATIONS: • was established in 2002 (revised in 2009) with the purpose of defining a set of harmonized rules for supervising communications networks and services within all European member states • had to be transposed by all member states into their own legal framework • increased consumers protection using telecommunication services

  4. Consumer protection in telecommunications services The role of NRAs • NATIONAL REGULATORY AUTHORITIES (NRAs) SHALL PROMOTE THE INTERESTS OF CITIZENS NAMELY BY: • ensuring that all citizens have access to universal service • ensuring a high level of protection for consumers in their relations with service providers • promoting the provision of clear information, in particular requiring transparency of tariffs and conditions of use of electronic communications services • promoting the ability of consumers to access information and run applications and services of their choice • ensuring the availability of simple and inexpensive dispute resolution procedures • ensuring that all consumers, including users with special needs,take maximum benefit in terms of choice, price and quality

  5. Consumer protection in telecommunications services The role of ANACOM ANACOM MISSION REGARDING CONSUMERS: • It is up to ANACOM, among other tasks, to ensure a high level of protection to consumers in their relations with the providers of telecommunications services (Portuguese Electronic Communications Law) • Also, ANACOM is commited to protecting particularly consumers of universal service, namely by encouraging consumer clarification and ensuring the disclosure of information inherent to the public use of communications (ANACOM statutory duties and functions)

  6. Consumer protection in telecommunications services The role of ANACOM ANACOM STRATEGIC GOALS FOR 2013-2015: • To promote open and competitive markets • To ensure an efficient use of public resources • To ensure and protect the rights of users • To promote institutional and technical cooperation • To improve internal efficiency and effectiveness

  7. Consumer protection in telecommunications services The role of ANACOM ANACOM COMPETENCIES: In light of the existing legal framework, the role of ANACOM in protecting consumers of electronic communications is pursued by: • Regulation • Supervision • Information

  8. Consumer protection in telecommunications services The role of ANACOM ANACOM COMPETENCIES | REGULATION ANACOM has developed a set of measures that aim, within the current framework, to strengthen the rights and interests of consumers, from which we highlight the following: • Determination on the object and form of public disclosure of the conditions of provision and use of electronic communication services • Determination on guidelines for minimum content to be included in electronic communication contracts • Determination on the procedures required for the termination, on the initiative of subscribers, of contracts governing the offer of public networks or of publicly available electronic communication services

  9. Consumer protection in telecommunications services The role of ANACOM ANACOM COMPETENCIES | SUPERVISION In general, ANACOM verifies if service providers comply with the legal framework in force, through: • inspections at service providers’ commercial establishments and headquarters • investigating individual complaints • monitoring the service providers’ websites • monitoring general quality of service And can initiate the proper legal proceedings for infringement and apply penalties, if considers it to be appropriate Also, service providers must deposit at ANACOM the standart contract conditions applicable to the services they provide and ANACOM can order the immediate termination of the usage of contracts that are not in accordance with the Law

  10. Consumer protection in telecommunications services The role of ANACOM ANACOM COMPETENCIES | INFORMATION ANACOM is concerned about promoting an information policy focused on consumers, in order to: • enable their choices to be more enlightened • make them aware of their rights as users of communications services • allow them to prevent disputes with their service providers Main instruments used by ANACOM to pursue this policy objective: • answers to complaints • consumer website www.anacom-consumidor.com • consumer guides and information campaigns • data on complaints

  11. Consumer protection in telecommunications services General guidelines about the EU legal framework, the role of NRAs and the role of ANACOM • Complaint handling procedures and alternative dispute resolution (ADR) Complaint handling by postal service providers and by NRAs, ADR, some European examples and the Portuguese case  • Consumer information ANACOM’s instruments and measures to promote consumers information

  12. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by service providers IT IS COMMONLY AGREED THAT: • Internal complaints handling procedures are, by a wide margin, the most important way by which complaints are resolved before they become disputes • An efficient and effective handling of complaints at the earliest stage can bring benefits to providers and consumers alike, by reducing the need to appeal to more costly and time-consuming external mechanisms in a large number of cases

  13. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by service providers IS IT MANDATORY FOR SERVICE PROVIDERS TO HAVE A COMPLAINT HANDLING PROCEDURE? At EU levelthere are: • no specific obligations for service providers on complaint handling, and • no specific rules requiring NRAs to impose to service providers complaint handling procedures It is up to each EU member state to establish, or not, mandatory rules for service providers on complaint handling procedures

  14. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by service providers SOME EUROPEAN EXAMPLES: Providers have to, namely: • publish their complaints processes in an accessible place on their website • provide low-cost options for consumers to make a complaint • set out timeframes for complaint resolution • provide additional information to consumers to increase awareness of dispute resolution services United Kingdom – OFCOM (National Regulatory Authority for Telecoms) There is a Code of Practice for complaints handling aproved by OFCOM

  15. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by service providers SOME EUROPEAN EXAMPLES: This code contains all the details for making a complaint, including: • who to contact for a complaint • how long it will take to respond to the complaint • what the procedures are for resolving the complaint (including a timeframe - up to 10 working days - for referring to ComReg if needed) • what customers are entitled to in terms of refunds, payments of compensation and payments to cover any loss Ireland – COMREG (National Regulatory Authority for Telecoms) Telecommunications service providers are required to have a code of practice for handling complaints

  16. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by service providers PORTUGUESE EXPERIENCE: • There is no self regulation on this matter ANACOMrecommends that the contracts contain the following: • the complaint must be presented to the service provider • the contacts to make a complaint; • how long consumers have to present the complaint • how long it will take to respond to the complaint or inform about the situation of the complaint Portugal – ANACOM (National Regulatory Authority for Telecoms) Services providers are legally required to implement procedures to handle the complaints properly ANACOM can define mimimum set of rules that this procedures have to comply with (since 2011)

  17. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by service providers PORTUGUESE EXPERIENCE: There are very different internal complaints handling procedures adopted by service providers and there isn’t a minimum set of rules that this procedures have to comply with, namely on: • channels to receive complaints • deadlines to receive complaints • deadlines to answer complaints • internal escalation processes • access to information about the status of the complaint But there is a legal obligation for service providers to go to a consumer conflict alternative resolution scheme whenever the complainant decides to resort to this solution

  18. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs IN LIGHT WITH THE EU LEGAL FRAMEWORK: It should be noticed the importance of the role of NRAs in complaint handling and dispute resolution between consumers and service providers, which should be transparent to users. For this purpose, it is important that NRAs cooperate with other entities responsible for consumer affairs and, within their powers of intervention, take, facilitate or encourage, whenever necessary, measures destined to strengthen consumers protection.

  19. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs IS IT MANDATORY FOR NRAs TO HAVE A COMPLAINT HANDLING PROCEDURES? At EU level there is no rules determining that NRAs have to receive and handle complaints EU is, nevertheless, committed to developing an hamonized classification of complaints between all member states (Consumer Complaints Expert Group) IS ADR MANDATORY? At EU level the NRAs shall ensure the availability of simple and inexpensive dispute resolution procedures carried out by a body that is independent of the parties involved In the EU we can find 1 of 3 distinctive models implemented in the diferent member states: • managed by NRAs • managed by public entities in the field of consumer protection • managed by private entities

  20. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs SOME EUROPEAN EXAMPLES: • ADR schemes act as an independent middleman between the service provider and the customer when an initial complaint cannot be resolved • The ADR scheme will look at customer’s arguments, and the provider’s, and come to a decision it thinks is fair • If the ADR scheme agrees with customer’s complaint it can order the service provider to fix the problem and, if needed, pay compensation • There are two ADR schemes – Ombudsman Services: Communications and Communications and Internet Services Adjudications Scheme (CISAS) – and all service providers must belong to one of the schemes • The provider must tell customers which scheme it is a member of or they can check the OFCOM’s list of ADR OFCOM has no powers to arbitrate or settle disputes between consumers and service providers BUT Communications providers offering services to individuals and small businesses must be members of an Alternative Dispute Resolution Scheme.

  21. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs SOME EUROPEAN EXAMPLES: • If the consumer is not happy with the way the complaint was handled by the service provider, he can ask for the complaint to be “escalated” to a higher level within the organization (more complicated consumer complaints) • If, after using the service provider’s complaint procedure, the consumer still feels the complaint was not dealt properly, COMREG may help him: COMREG has no powers to arbitrate or settle disputes between consumers and service providers. BUT Asking the service provider to re-examine the complaint, if it relates to a service provider’s consumer protection obligation (But, it is up to the service provider to keep in contact with the complainant to resolve the issue) Explaining what the service provider’s obligations are, giving a realistic idea of the likely outcome of the complaint, and providing the contacts of responsible bodies, like small claims court. Can help to solve the conflict by investigating the situation with service provider and/or explaining to the complainant what the service provider’s obligations are

  22. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs PORTUGUESE CASE: ANACOMhas no powers to arbitrate, mediate or settle disputes between consumers and service providers When handling complaints, ANACOM provides information, namely on consumers’ means of reaction and on ANACOM’s duties and powers of intervention, highly encouraging consumers to contact the ADR mechanisms operating in Portugal BUT Compulsory Arbitration (since 2011) Service providers are obligated to accept arbitration for the resolution of consumer disputes within essential public services (including telecomunications services) when the consumer expresses it’s will to resort to a legally designated arbitration center for consumer disputes

  23. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING Consumers can address to ANACOM their complaints by: • Letter • Email • Electronic form (available on the website) • Public attendance, by phone or in presence Complaining to ANACOM: • does not depend on making a complaint previously to the service provider • has no timeframe for submission • does not prevent consumers from submitting, at the same time, the complaint to other entities or resorting to alternative dispute resolution schemes

  24. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING The Complaints Book Since 2006, all companies that have commercial establishments with customer services (including telecommunications service providers) are obligated to have a Complaints Book available at these establishments

  25. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING The Complaints Book (cont.) • The Complaints Book is used to register a written complaint against the service provider • Whenever consumers ask for the Complaints Book in a “store” it must be made available immediately without resistance or constraints (e.g. presentation of identification documents, need the presence of a store manager, etc.) • Service providers are not obligated to answer the complaints, but ANACOM may ask them for information about the way the complaint was handled, which they have to provide within 10 working days

  26. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING The Complaints Book (cont.) • The consumer fills in the complaint sheet with some identification data (not mandatory), such as name, address, phone, email, etc.. • Original sheet: the service provider keeps it and has to submit it to ANACOM, within 10 working days • Duplicate sheet: the service providers has to give it to the consumer • Triplicate sheet: remains in the Complaints Book The consumer may consult the handling status of his complaint, through a web service - http://rtic.consumidor.pt -, managed by the General Directorate for Consumer Protection

  27. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING The Complaints Book (cont.) It has greatly weighted on ANACOM’s working force for complaint handling, increasing the volume of complaints in about 1000% since 2005 until today and representing over 60% of the total of complaints received by ANACOM

  28. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING The Complaints Book (cont.) CHALLENGES • Need to increase the technical team responsible for the classification and handling of complaints • Need to adjust the entire complaint handling process to the new reality: setting goals and priorities, defining different procedures depending on the type of the situations reported – those formatted handling procedures, based on pre-defined drafts, those procedures requiring an investigation which presents evidences of breaches of sectorial laws and can lead to sanction process; and those procedures requiring a more careful analysis with some questions about the interpretation of the applicable rules

  29. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING The Complaints Book (cont.) CRITICAL ASPECTS ADVANTAGES • Ensures that NRA takes notice of the complaints made ​​against service providers and allows NRAs to have a general view of the various sectors on the market where consumers’ rights are harmed • Makes the right of complaining, as a mean of exercising citizenship, more accessible to consumers • ANACOM channels a lot of resources to the handling of these complaints, where: (a) most complained issues are outside of ANACOM’s scope of action (equipment, billing, contract), and (b) in most cases the problem has already be solved by the service provider • The assessment of consumers problems by NRAs is largely influenciated by the fact that consumers are complaining at “stores” (e.g. customer atendance, equipment, store conditions)

  30. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | CHANNELS AVAILABLE FOR COMPLAINING The Complaints Book (cont.) The legal framework is currently being reviewed, in order to: • facilitate and desmaterialize the procedure between the different agents • electronic sending of complaints sheets • electronic answer to the complaints by service providers to consumers • electronic sending of service provider’s allegations to NRA about the complaints • Obligate providers to answer complaints by writing • Obligate providers to inform ANACOM about the way they handled the complaint

  31. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | HOW ANACOM HANDLES COMPLAINTS ANACOM analyses and answers to all complaints and: • provides information to complainants, namely on their means of reaction and on ANACOM’s duties and powers of intervention, highly encouraging them to contact the ADR mechanisms operating in Portugal and informing them on how they can be reached • Identifies situations where regulatory or supervisory intervention may be necessary, developing specific inspections and applying the necessary penalties for legal infringement • produces statistical data: ANACOM publishes regular reports on complaints from consumers, disclosing the number of complaints by service provider (having in consideration the number of clients of each provider)

  32. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | HOW ANACOM HANDLES COMPLAINTS Issues stated on complaints we receive which can present evidence of infringements: • termination of contracts • loyalty periods • suspension of service • failures on providing universal service • call centers • premium rate services • number portability Information Investigation Sanctioning • ANACOM does not solve the dispute nor imposes any obligations to the service provider (e.g., the payment of compensations), still consummers are informed about the available alternative dispute resolution schemes • ANACOM initiates a procedure which may lead to the application of sanctions to the provider concerned

  33. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | HOW ANACOM HANDLES COMPLAINTS Issues stated on complaints which do not frequently present evidence of infringements: • failures of service (except US), speed connection • failures on help lines and stores • equipment breakdown • billing problems Information ANACOMinform consumers on: • what are the obligations of service providers about each situation • what are their rights and how to react to make them effective (eg. the right to a compensation or refund) • how to make a complaint and how to resort to ADR procedures

  34. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM COMPLAINT HANDLING PROCEDURE | HOW ANACOM HANDLES COMPLAINTS Handling complaints help us to: • identify failures in the market and try to correct them • prevent some consumer conflicts, raising consumers awareness • inform consumers about the steps to take to solve their problems with service providers • collect and publish data about complaints, which may provide consumers with an overview of the communications market and help them to make more informed choices

  35. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case • Regulation • Investigation and sanctioning • Information • General-Directorate for Consumer Protection ANACOM • Information CONSUMER • Information • Resolution SERVICE PROVIDER • Information • Resolution • (through mediation, conciliation or arbitration) • Resolution ADR COURT

  36. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case • Cooperation, namely, through the planning of common strategic approaches in some matters and actions destined to prepare human resources to adequately respond and mediate consumers complaints/conflicts • But lacking adequate coordination between entities in complaint handling (there is a lot of resources being duplicated) COOPERATION WITH OTHER ENTITIES: • Cooperation, namely, through the sharing of information regarding consumers complaints and the development of an harmonized classification of complaints

  37. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case ANACOM STRATEGIC GOAL FOR 2013-2015: • New approach to complaint handling by the regulator and by service providers, reviewing procedures and cooperation • Extranet shared by ANACOM and service providers • New regulation on service providers complaint handling procedures

  38. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case DATA ON COMPLAINTS IN THE TELECOMMUNICATIONS SECTOR: In recent years, the telecommunications sector has showed in Portugal a high level of conflict between service providers and consumers, as a result of: • market size • competitiveness, dynamism and innovation that requires companies to constantly adapt its structure and services • growing importance of telecommunications services on consumers day-to-day The number of complaints and claims addressed to ANACOM has been increasing, particularly since the Complaints Book became mandatory for all service providers ANACOM received in writing:

  39. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case DATA ON COMPLAINTS IN THE TELECOMMUNICATIONS SECTOR:

  40. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case DATA ON COMPLAINTS IN THE TELECOMMUNICATIONS SECTOR:

  41. Complaint handling procedures and Alternative dispute resolution (ADR)Complaint handling by NRAs | Portuguese case DATA ON COMPLAINTS IN THE TELECOMMUNICATIONS SECTOR:

  42. Consumer protection in telecommunications services General guidelines about the EU legal framework, the role of NRAs and the role of ANACOM • Complaint handling procedures and alternative dispute resolution (ADR) Complaint handling by postal service providers and by NRAs, ADR, some European examples and the Portuguese case  • Consumer information ANACOM’s instruments and measures to promote consumers information

  43. Consumer information Provide consumers with clear, accessible, useful and simple information is one of estrategic goals of ANACOM since 2010

  44. Consumer information • Complaint handling Clarify the complainant on the ANACOM’s role: what we can do, and can not do, with his problem Provide clear and useful information on the subject stated on the complaint Enable the claimant to act if needed: what he can do to solve the situation IMPROVEMENTS DONE TO THE DRAFT ANSWERS TO COMPLAINTS: • Contents • Plain Language • Graphic images GOAL

  45. Consumer information • Complaint handling Draft answer in force until 2010 • Heavy and complex information • Technical vocabulary not easy to understand • Too formal writing style • Too long paragraphs and sentences • Legal references

  46. Consumer information • Complaint handling • Draft answer in force now • Clear words • Active voice speech • Strong verbs • Short sentences • Without useless information • Without legal references • Simple vocabulary, avoiding technical terms • Writing style more adapted to the reader

  47. Consumer information • Consumer Website ANACOM provides an Internet Website - www.anacom.pt - containing relevant information. Concerning consumers, ANACOM provides specific information on their rights and on the conditions governing the provision of communication services through the Consumer Website - www.anacom-consumidor.com. With the Consumer Website, ANACOM is strengthening its role in the protection of consumer rights, by providing all the information related to electronic and postal communication services.

  48. Consumer information • Consumer Website 1. Voice Internet, TV 2. Postal Services 3. Information and other publications (studies, legislation, etc.) 4. Consumer guides (Information bulletins on specific subjects) 5. Statistic data on complaints 6. Featured news (weekly updated information according to the subjects we want to focus on)

  49. Consumer information • Consumer Website 7. Digital Television 8. Number portability (changing service provider and keeping the same telephone number) 9. What is your opinion about… (Some questions we ask consumers) 10. Problems with your service provider? – How to handle them 14.Website Information search tool

  50. Consumer information • Consumer Website Interactive tools available at the Consumer Website: • 11. COM.escolha – tariff simulator, launched on the June 2011 12. ANACOM answers, a virtual answer tool for users to ask their questions, which ANACOM aims to answer promptly 13. Online complaint form

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