The Regulation of Premium Rate Services Order 2024
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Change 1
36 Consumer enquiries and complaints: policies and procedures
(1) A merchant must not provide a controlled PRS to a consumer, unless the merchant— (a) has policies and procedures in writing about the matters mentioned in paragraph (2), which meet the requirements in paragraph (4), and (b) complies with the seven requirements set out in article 37. (2) Those matters are— (a) the arrangements and facilities for dealing with any enquiries made to the merchant by a consumer, (b) the handling of complaints made to that merchant by a consumer where the complaint is in connection with the provision of a controlled PRS, and (c) the provision of refunds, or other form of redress, in respect of matters that form the subject-matter of such complaints. (3) The policies and procedures referred to in paragraph (1)(a) must describe the means and methods for establishing compliance with the seven requirements set out in article 37. (4) Those policies and procedures must— (a) be clear and accessible to members of the public free of charge, including on the merchant’s website (if any), (b) include, in particular— (i) a statement of a consumer’s entitlement to take the enquiry or complaint to OFCOM, together with OFCOM’s contact details, where the consumer expresses dissatisfaction with the handling or resolution of the enquiry or complaint, and (ii) up-to-date contact information for the merchant, and (c) be— (i) approved by the generally authorised person, (ii) kept up-to-date, and (iii) reviewed, and where necessary revised, to ensure they are effective for the purposes of this article. (5) In this article, “generally authorised person” has the meaning given in article 10(1)(b).
36 Consumer enquiries and complaints: policies and procedures
(1) A merchant must not provide a controlled PRS to a consumer, unless the merchant— (a) has policies and procedures in writing about the matters mentioned in paragraph (2), which meet the requirements in paragraph (4), and (b) complies with the seven requirements set out in article 37. (2) Those matters are— (a) the arrangements and facilities for dealing with any enquiries made to the merchant by a consumer, (b) the handling of complaints made to that merchant by a consumer where the complaint is in connection with the provision of a controlled PRS, and (c) the provision of refunds, or other form of redress, in respect of matters that form the subject-matter of such complaints. (3) The policies and procedures referred to in paragraph (1)(a) must describe the means and methods for establishing compliance with the seven requirements set out in article 37. (4) Those policies and procedures must— (a) be clear and accessible to members of the public free of charge, including on the merchant’s website (if any), (b) include, in particular— (i) a statement of a consumer’s entitlement to take the enquiry or complaint to OFCOM, together with OFCOM’s contact details, where the consumer expresses dissatisfaction with the handling or resolution of the enquiry or complaint, and (ii) up-to-date contact information for the merchant, and (c) be— (i) approved by the generally authorised person, (ii) kept up-to-date, and (iii) reviewed, and where necessary revised, to ensure they are effective for the purposes of this article. (5) In this article, “generally authorised person” has the meaning given in article 10(1)(b).
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