Operator Codes of Practice/Complaints Procedures
What is a Code of Practice?
The aim of ComReg's complaints policy is to empower consumers to take direct action regarding poor service provision, quality or other issues. The primary emphasis is to provide users with sufficient relevant information so that they can deal with their service providers and to ensure that operators have adequate procedures in place to address customer issues (not all issues are complaints). Consumers can contact ComReg for information but ComReg cannot act on a consumer complaint until the operator's complaint handling process is completed. The primary responsibility for complaint resolution must be retained by the operator, as they have the direct relationship with the consumer.
Regulation 17 of the Universal Service Regulations deals with service provider obligations for contracts and section (2) includes what a service provider must specify in their contracts
- the identity and address of the supplier
- services provided, the service quality levels offered, as well as the time for the initial connection
- the types of maintenance service offered
- particulars of prices and tariffs and the means by which up to date information on all applicable tariffs and maintenance charges may be obtained
- the duration of the contract, conditions for renewal and termination of services and of the contract
- any compensation and refund arrangements which apply if contracted service quality levels are not met
- the method of initiating procedures for settlement of disputes in accordance with Regulation 28
Regulation 28 provides that without prejudice to any legal rights of action which may apply, a service provider shall implement a code of practice for handling complaints from consumers in respect of an alleged contravention of these Regulations. It sets out several matters which such a code of practice should include.
- first point of contact for complainants
- a means of recording complaints
- a time frame within which the undertaking concerned shall respond to complaints,
procedures for resolving complaints - appropriate cases where reimbursement of payments and payments in settlement of losses incurred will be made
- retention of records of complaints (including copies of the complaint, any response thereto, any determination in respect of the complaint and any documentation considered in the course of such determination) for a period of not less than one year following the resolution of the complaint
Service providers are further required to be bound by the Directions of ComReg
Document No. 03/89 which provides that all service providers subject to Regulation 28 (1) of the Universal Service Regulations shall amend their code of practice (required by ComReg decision notices D13/01 and D06/01) for handling complaints from end users to include a specific provision to allow for reimbursement of payments and payments in settlement of losses incurred in the event of a complaint – Customer Guarantee Scheme.
The provisions of the following may also be relevant but do not fall under ComReg’s remit.
(i) The Unfair Terms Regulations;
(ii) The Consumer Protection Act 2007
(iii) The Distance Selling Regulations,
