'Complaint-handling' charges

Clause 9.3.1 of the Telecommunications Consumer Protections (TCP) Code only allows providers to impose complaint-handling charges in particular circumstances, including 'if the investigative/handling process for the Complaint is sufficiently onerous.' The supplier must also discuss the charge with the Customer and inform them of it in writing.

However, Clause 9.3.2 of the TCP Code also states that, if in such circumstances 'a Complaint is upheld, the Supplier must refund any Complaint related charge paid by the Customer within 30 days.'

In general, the TIO takes the view that a complainant is entitled to have a complaint considered by their provider without penalty. The TIO will investigate complaints brought to it about a provider charging a complaint-handling fee, and will consider the reasonableness of the provider charging such a fee. In investigating, the TIO will have regard to the following sorts of factors:

• the circumstances in which the fee has been charged
• the complainant's reasons for pursuing the complaint
• the provider's reasons for charging the fee
• the extent to which the fee represents a genuine cost to the provider, and
• the extent to which a provider has complied with the relevant ACIF codes.

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