スペインの買い物での問題の仲裁委員会での相談の75%は電脳網(インターネット)や電話での買い物
VIDA&ARTES
El laberinto de las reclamaciones
Teléfono e Internet acaparan un 75% de los casos resueltos por las juntas arbitrales
Las operadoras sostienen que la cifra es baja en relación con el número de clientes
Raquel Vidales 23 AGO 2012 - 20:28 CET
LIFE & ARTS
The maze of claims
Telephone and Internet account for 75% of cases resolved by arbitration boards
The operators claim the figure is low compared with the number of customers
Raquel Vidales 23 AGO 2012 - 20:28 CET
Monica L. decided to change his mobile with a new one with Internet access. At that time, without her request, the telephone company activated a data flat rate. As the charge was not excessive (10 per month) and the bills do not arrive home-housing had changed and communicated their new home several times, but he continued to send letters to your old address, and not learned until four months. After many calls to the customer service number to request that data access demined gave an employee assured that your request was processed. The surprise came when receiving the next bill: it had disabled access to data, but the flat rate, and will also charged that it had made connections. Return to call and fight with telemarketers. By failing to solve anything, stopped paying bills and filed a complaint in consumer arbitration board. Six months later, the award given reason and managed to regain the 70 euros that had been overcharged. In total, almost a year to solve a problem that could have been aired on a call.
Monica's case is one of thousands of telecom disputes resolved last year in the 72 consumer arbitration boards throughout Spain. Since the liberalization of the sector, which culminated in 1998 and led to fierce competition, complaints have not stopped growing. Consumer associations accuse the authorities of not acting decisively to stop climbing. Demand more rules to protect the rights of customers and, above all, more dissuasive sanctions.
"The legislation should always be under constant review, especially in a sector as complex and is constantly innovating, but that's not the main problem. The main problem is that there does not apply forcefully. More dissuasive sanctions are needed against repeated infringements, "says Ruben Sanchez, spokesman Facua. An example denouncing this organization since June 1 a new rule requires operators to enforce the portability of mobile lines within one working day, but does not set compensation if delays occur.
Demand more forcefully Associationson sanctions
In total, arbitration boards decided 90,000 cases in 2011. The majority, around 75%, were for complaints against telephone companies and Internet access. The joints are so clogged with claims of this sector, which in 2008 decided to introduce the figure of the sole arbitrator (usually three) for disputes of less than 300 euros, which has helped clear a bit the system and reduce costs. Since 2005 it works well the Customer Care Office of Telecommunications (OAUT) under the Ministry of Industry, which also handles complaints. Specifically, litigated 45,040 last year, 72.9% in favor of customers, aside from attending 181 410 queries.
Explained the data carriers. Redtel, the association of operators with their own network (Telefonica, Vodafone, Orange and ONO), argues that its services are intensive and continuous use, besides being considered essential by users, so it is normal that more complaints arise in other sectors. They believe, in fact, that the numbers of incidents are low when taking into account the high number of subscribers that have: 19,314,897 fixed lines, mobile lines 11,233,109 58,176,953 broadband lines, at the last count Market Commission of Telecommunications.
The problem is not just the number of incidents, which can be understood by the large number of contracts, but the difficulty in resolving. A process that many users defined as an ordeal for the poor performance of customer services (SAC), popularly known as call center. Eternal waiting, description of the problems to different employees, difficulty getting a referral, barriers to process low or portability, threats files inclusion in arrears, lack of coordination between departments ...
The director of the Catalan Consumer Agency (ACC), Alfons Conesa, threatened publicly a few weeks ago to carry companies to court because his department "is becoming your customer service office". In fact, the ACC is compiling all complaints received to check for bad practices that are repeated continuously, so that a judge can apply for injunctions operators.
The rule requires givingportability in a day,but fixed compensation
For lack of time or sheer desperation, many users give up formalize their claims. Others persist, but among them a lot you can not resolve your problem and ends up turning to consumer offices, boards of arbitration or OAUT, what just saturating these systems, funded entirely by the public authorities. Only payments to referees spent 2,240,000 euros in 2010 and a similar number in 2011 (still provisional), according to the National Consumer Institute. José Ramón Lozano, secretary general of the Federation of consumers UNAE and member of the National Consumer Arbitration Board, notes that "the jam is due largely to the phone". And you think "dissuasive sanctions could help solve the problem."
The consumer arbitration boards and OAUT have jurisdiction to require companies to return improperly invoiced amounts, but not to assign fines. They are autonomous communities and, especially, the Secretary of State for Telecommunications and the Information Society (SETSI) those that can not. And they do, but in quantities not dissuasive. "They are usually inadequate. The SETSI, responsible for regulating the sector, it also protects good way and therefore does not act forcefully, "said Eugenio Ribón, head of the legal department of the Spanish Confederation of Housewives, Consumers and Users (CEACCU). The list of the most common abuses is well known: high in unsolicited products, misleading advertising, penalties disproportionate retention clauses, fraud premium rate services and improper billings.
The high conflict recognizes SETSI sector, but defends his work on behalf of consumers. "We made constant inspections and the companies we watch closely. In addition, we are preparing a comprehensive reform of the Telecommunications Act to adapt to new challenges, "said a spokesman. The same spokesman reports that in 2011 were imposed 30 fines for violations, but does not provide specific figures or motifs. With respect to autonomy, an example: the Madrid last year handled 15 administrative proceedings for a total amount of 1,436,554 euros. Amounts that, according to consumer advocates, are laughable because the operators can take without problems.
The public does do its sanctions is the Spanish Agency for Data Protection (AEDP), which experts say is the public institution that is acting more forcefully. Often, companies cede customer data collection management companies without showing before the veracity of a debt, and even after a user has submitted a claim for arbitration, which is totally illegal. By these practices and other tall to register without consent, 1,170 performances AEDP research initiated and issued 134 disciplinary rulings against phone in 2010 (the 2011 report is still in progress). Sector Fines totaled 9,185,877 euros, well above those accumulated by the next most penalized, financial institutions, with a total amount of 3,772,072 euros.
The problem is not just the incidents, but the difficulty in resolving
The operators, in any case, are already available with these sanctions to make your profit calculations. And also have many customers do not claim not to run into the SAC. In its latest report on the sector, the Council of Consumers and Users (CCU), the body representing major consumer organizations, notes that most offset a good percentage of what you pay for fines or awards you earn unfavorable mass with that other users have withdrawn, so it does not make enough effort to improve the performance of their customer service.
The president of CCU, Francisca Sauquillo urges to the approval of a law to regulate and curb this trend SAC. The previous Government prepared a project whose processing was interrupted by the election and now the text has been left of the current government, which has promised to send to Parliament shortly, but not before reform. "The rule should require companies to have a physical point for complaints. And it should also limit the actions of telemarketing, overly aggressive, confusing and changing, to the point that many users do not know what they are hiring because they are not well informed, "says Sauquillo.
Redtel recognizes "the opportunity to improve the SAC", but feels that no new legislation is needed, "because all operators are putting in place measures to it." Telefónica, for example, announced its intention to gradually return to Spain all call centers operating from Latin America, which has been the subject of repeated complaints in all companies, because "the customer perceives that there is better service if you personally attend is near. " ONO has also decided to arrange the topics "most sensitive", including low and portability from its centers in Spain, but maintains many in Latin America.
Vodafone, meanwhile, reports that it has implemented a support system with about 130 stores data experts to advise clients personally. It has also created an office specializing in call data and a forum on your website that allows users to ask questions of their experts. Jazztel efforts, however, focus on the creation of service platforms themselves, not outsourced, with which ensures achieve greater efficiency in the absence of intermediaries.
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