Reversal of unauthorised transfers

Under Clause 8.1.3 (c) of the Telecommunications Consumer Protections (TPC) Code, a Gaining Supplier 'must take all reasonable steps to ensure that the person who authorises the Transfer is the Authorised Customer or their Authorised Representative.' Under Clauses 8.1.3 (d) and (e) of the TPC Code, a Gaining Supplier must 'obtain consent to a Transfer from the Authorised Customer or their Authorised Representative' and 'take all reasonable steps to ensure that the consent obtained is informed consent.'

The TPC Code also requires the Gaining Supplier to 'create and retain auditable records for a minimum of 2 years, or as required by law, establishing that (i) the person who authorises the Transfer is the Authorised Customer or their Authorised Representative; and (ii) the Transfer is authorised and advised in accordance with the' other rules relating to Customer Transfer [Clause 8.1.5 (b)].

To determine whether or not a transfer has been appropriately authorised, the TIO seeks to obtain a copy of the signed transfer agreement from both the complainant and the provider. Where a customer's service has been transferred on the basis of a verbal agreement (a 'verbal churn'), the TIO obtains a recording of the phone conversation (the 'voice signature').

Where it is established that a transfer was not authorised, the TIO expects the gaining provider to reverse the transfer and return the customer to their original provider. However, where the transfer took place some time ago, the gaining provider may no longer be able to reverse the transfer; the customer may therefore have to request a transfer back to their preferred provider.

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