What does the Complaint Resolution Team do?
The Complaint Resolution team is responsible for assessing all examples of potential non-compliance, whether it is identified via complaints or by proactive monitoring of the market by PhonepayPlus. Our aim is to work with premium rate providers to resolve consumer complaints as quickly as possible and with the best outcomes for consumers. By working in partnership with providers, we are able to address and resolve minor instances of potential non-compliance without resorting to what can be a lengthy investigative process.
Why are we doing this?
It is often not in consumers’ interests to implement a lengthy investigations process into a service when the alleged non-compliance is minor. It can take twelve weeks or more for a case to reach a Tribunal which may or may not instruct a provider to issue refunds. If the provider concerned wants to work with us to provide its customers with the redress they’re entitled to within a matter of days, why wait?
The most serious cases of non-compliance and consumer harm will continue to be investigated formally. However, where the alleged non-compliance is less serious, the new team wants to work with providers that understand the benefits of good customer care and the importance of compliance. We believe this will benefit their business and PRS consumers in general.
How does it work?
We use one of two procedures to resolve minor potential consumer harm – the ‘Fast-track procedure’ and ‘Track 1 procedure’. We will contact the provider outlining the nature of the problem and work closely with them to fix it. With the Fast-track procedure, where a problem is alerted to us by a complainant, we will give the provider the opportunity to provide redress if we believe the provider may have caused the issue.
Where we have identified there may be a systemic issue within the provider’s compliance processes, we will apply the Track 1 procedure by agreeing an action plan with the provider to address the issue. This action plan will be agreed with the provider who must demonstrate that it has been implemented by an agreed date.
How does the team’s work relate to the Code?
Both the Fast-track procedure and Track 1 procedure sit outside the current Code. However, the Track 1 procedure is set out in the new Code, which is currently under consultation and due to be launched in 2011. The reason we are using this procedure now is because we believe it is the right thing to be working directly with Information Providers as well as Service Providers to help them help their customers.
How does the Complaint Resolution team differ from the Compliance team/Industry Affairs team?
Compliance advice enquiries are dealt with by our Industry Affairs team who help to ensure that new services are compliant before they enter the market. The Complaint Resolution team step in to liaise with providers once consumer harm is suspected, whether signalled by consumer complaints or brought to our attention via in-house monitoring. Although the Complaint Resolution team are happy to help where they can, if you are looking for compliance advice about a service which the Complaint Resolution team is not dealing with, we would advise that you
contact our Compliance team directly.
What if I’m a Service Provider and my Information Provider client doesn’t comply?
Under the current code, the Service Provider (the party directly contracted with a fixed line terminating communications provider or mobile network operator) is still responsible for potential breaches of the Code. It is important that you engage with your Information Provider clients as early as possible to encourage them to be proactive in helping us to resolve potential consumer harm. If an Information Provider does not comply, we will give the Service Provider the opportunity to resolve the issue before taking the matter further.
Am I being formally investigated?
The Complaint Resolution team is separate to the Investigations team. If we believe that the potential for consumer harm is significant or a provider fails to comply with a complaint resolution process, their service may be investigated formally as a result. The resolution processes used by the Complaint Resolution team will not be subject to formal investigation or adjudication. Therefore, there will be no sanctions as a result of these processes.
How do you decide whether to investigate formally or not?
All examples of potential non-compliance, whether it is identified via complaints or by proactive monitoring of the market by PhonepayPlus, are scored according to the potential for consumer harm and a regulatory response will be allocated to each case. This serves as a guide to assist us in applying a fair and proportionate approach to cases.
Will my name be published on your website?
It is not our aim to publish details of our collaboration with a provider, as we see no benefit in naming and shaming a company that has demonstrated its commitment to improving compliance. However, it may be that providers wish potential partners to know of the measures they have taken to promote compliance. We will therefore canvass views as to whether to include a summary of successful Track 1 procedures on the new Registration Scheme when it comes into effect in 2011.
Will I have to pay a charge?
We will not be charging for any cases pursued under the Fast-track procedure. Whilst we have no short term plans to start charging providers for the cost of using the Track 1 procedure, we may, in the future, invoice the relevant provider a small fee to recover the administrative costs incurred by PhonepayPlus in working with the provider to help it implement a compliance action plan. All providers will be notified should any such decision be made.