• With this guide, citizens will be able to exercise their right to present a claim in a clear and informed manner.
The Supervisory Agency for Private Investment in Telecommunications (OSIPTEL) launched the new guide for the presentation of claims, a digital tool that guides users of public telecommunications services, on the steps they must follow in their claims, appeals and complaints, as well as the correct way to complete the digital forms and the possible results that they can obtain in their procedures, among others.
This friendly and simple document, called The ABC of Telecommunications Claims and available at https://www.osiptel.gob.pe/guiareclamos/, was implemented by the regulator in compliance with the regulatory resolution that establishes modifications to the Regulation for the Attention to Management and Claims of Users of Public Telecommunications Services (Regulation of Claims).
“With this guide, which we present within the framework of World Consumer Rights Day, citizens will be able to know, apply and understand the complaints procedure, to make their right to file a complaint effective,” explained the director of Attention and OSIPTEL User Protection, Tatiana Piccini. She added that subscribers have the right to have quality services and if this is not fulfilled, they can contact the operating company and initiate a complaint procedure.
This digital tool details the five steps that the user must follow to file a claim, such as choosing the channel to file the claim with the operator (in person, by phone, website or mobile application), filling out the claim form, verifying that the operator provide a response within the stated time frame, review the operator’s response, and if you disagree with the response, file an appeal within 15 business days with the operator.
In addition, the guide describes the ten topics on which claims can be made, according to the new classification of claimable matters, such as “Billing and collection”, “Quality and suitability in the service”, “Breach of contract”, “Lack of of service”, “Installation, activation or transfer of the service”, “Failure to execute the cancellation or suspension of the service”, “Recharges”, “Unsolicited contracting”, “Migration” and “Portability”.
The concept of “Other claimable matters” is also incorporated, which groups three matters whose statistics show a low incidence in the presentation of claims: refusal to contract the service, refusal to provide detailed billing or incoming calls, and failure to deliver the receipt. .
new provisions
As part of the new provisions of the Claims Regulation, which entered into force on January 31, 2023, it is established that operating companies with more than 500,000 subscribers send notices to users, by SMS, USSD, mail or other, about the issuance of the first instance resolution and the submission of the appeal or complaint to the Administrative Tribunal for the Resolution of User Claims (TRASU), or the acceptance of the claim of the user or subscriber, in the case of the Early Resolution of the Appeal of Appeal (SARA) or other reasons for which it is not submitted to the OSIPTEL Court.
Likewise, the term to make the returns that correspond to a claim procedure is reduced, so that the user can obtain a definitive solution to his problem in a shorter time.
Among other changes, it appears that the company, including its points of sale designated for customer service, use the digital forms for the receipt of claims, appeals or complaints, approved by OSIPTEL. They can also do so through the use of their mobile application as a new channel for filing claims.
Regarding the use of the telephone channel for the presentation of claims, it is established that the company must read the content of the form to the user and obtain their agreement. In addition, you must send the registered form to the user, through an email, and if you do not have it, the company will send the information about the claim submitted by SMS.
It is important to point out that, during the year 2022, according to the OSIPTEL User Information Portal, the operating companies registered more than 470 thousand claims for breakdowns through their different service channels, due to problems with the quality of the service or that the service was not operational. According to the information received by the regulator, there have been critical cases of users without service for up to approximately eight months.
In this context, it is necessary that, through a norm with legal rank, such as the one proposed, OSIPTEL be granted the competence to issue the corresponding provisions that allow compensation to those subscribers affected by interruptions.