Marie Sherlock (Labour) | Oireachtas source

I move amendment No. 8:

8.In page 139, between lines 24 and 25, to insert the following:

“Consumer complaints

159.The Consumer Protection Act 2007 is amended by the insertion of the following section after section 66B:

“Part 4B

SUBSCRIBER COMPLAINTS HANDLING

Interpretation and application of Part

66C.(1) In this Part—

‘complaint’—

(a) means any expression of a subscriber’s dissatisfaction and his or her expectation of a response or resolution, and

(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;

‘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.

(2) This Part applies to traders who supply a service to subscribers.

Requirement to establish complaints handling scheme

66E.(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

(b) prepare and publish guidelines applicable to traders concerning the establishment, form and operation of a scheme.

(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.

(3) Regulations under this Part may, as respects 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

66F.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,

(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.

Remedies and penalties

66G. (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 will withdraw the amendment. I reserve the right to reintroduce it.