Oireachtas Joint and Select Committees
Wednesday, 1 June 2022
Select Committee on Jobs, Enterprise and Innovation
Consumer Rights Bill 2022: Committee Stage
Seán Sherlock (Cork East, Labour) | Oireachtas source
I move amendment No. 142:
In page 135, after line 37, to insert the following: “Amendment of section 66 of Act of 2007 (consumer complaints)
158. The Consumer Protection Act 2007 is amended by the insertion of the following after section 66:“Part 4BInterpretation and application of Part
SUBSCRIBER COMPLAINTS HANDLING
66C.(1) In this Part—‘complaint’—(2) This Part applies to traders who supply a service to subscribers.(a) means any expression of a subscriber’s dissatisfaction and his or her expectation of a response or resolution, and‘subscriber’ means a consumer who receives a service from a trader pursuant to a contract where, on payment of a periodic fee, the contract with the trader under which the service is supplied is successively renewed or rolled over, whether the fee is calculated solely by reference to a period of time or by reference to the amount of service received during that period, or by a combination of both; and ‘subscription’ shall be construed accordingly.
(b) includes any request by a subscriber for information or assistance, made to a trader and arising from difficulties experienced in relation to a service provided by the trader to the subscriber;
Requirement to establish complaints handling scheme
66D. (1) The Commission may—(a) by regulation require traders to which this Part applies to establish a scheme for handling subscriber complaints (in this Part referred to as a ‘scheme’) in relation to the trader’s service or the supply of the service, and(2) Before making regulations or publishing guidelines under this Part, the Commission may prepare draft regulations and draft guidelines and may consult with any person, as the Commission considers appropriate.
(b) prepare and publish guidelines applicable to traders concerning the establishment, form and operation of a scheme.
(3) Regulations under this Part may, as respects to schemes, specify different requirements by reference to the class of trader concerned (being a class defined by reference to the commercial sector, the turnover of traders, the number of subscribers to the service or such other matters as the Commission considers appropriate).
Provisions of complaints handling scheme
66E. Regulations under this Part may—(a) require traders to attempt to resolve subscriber complaints and, as appropriate, to provide subscribers with a satisfactory explanation, an apology or some other form of redress,Remedies and penalties
(b) require the provision of information to subscribers in relation to the scheme and how it may be availed of, including details of how to contact the trader and specifying minimum requirements in relation to a trader’s response to contacts initiated by post, telephone and electronic communications,
(c) require procedures under a scheme to comprise specified steps, and require one or more of the steps to be taken or completed within specified periods,
(d) require traders to notify subscribers of the timescales for each step, and of the trader’s commitments and standards in relation to response times,
(e) require traders to include a procedure for escalating complaints to a more senior specified person where a subscriber is dissatisfied having completed the first step in the complaints process,
(f) require traders to provide subscribers with details of how the Commission can assist in resolving complaints which the trader has not resolved to the subscriber’s satisfaction and how the Commission can be contacted, and
(g) prescribe such other requirements as the Commission considers necessary or expedient for the purpose of enabling complaints to be dealt with or resolved.
66F. (1) A trader who is required by regulations under this Part to establish a scheme and who fails to do so is guilty of an offence.
(2) A trader who establishes a scheme in accordance with regulations under this Part and who persistently fails to comply with the provisions of that scheme is guilty of an offence.
(3) For the purposes of Part 5, ‘prohibited act or practice’ includes:(a) the failure by a trader to establish a scheme where he or she is required by regulations under this Part to do so; and
(b) the persistent failure by a trader who establishes a scheme in accordance with regulations under this Part to comply with the provisions of that scheme.”.”.
I would like to hear the Minister of State's response before I speak to the amendment.
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