TIO Annual Report 2003/04

Systemic Issues Investigations

In this way, the TIO aims to highlight and change behaviour that may adversely affect a class of customers. This approach should also result in fewer complaints to the TIO and reduced complaint-handling costs for Members.

Feedback about the SCIP from Members and consumers continues to be largely positive. The process of investigation has increasingly involved meetings with providers as a way of gathering information and discussing issues. During the past year, the TIO considered ways to determine the effectiveness of the SCIP.

Although is not possible to quantify any reduction in complaints due to the introduction of the procedure, the TIO has identified the range of possible outcomes from a systemic investigation. Where it is satisfied that the behaviour of a provider raises a systemic issue, the TIO considers an effective outcome to be a change in that behaviour.

Most investigations have resulted in this outcome. However, there is also the question of how a solution is found for consumers already affected by the systemic issue. This is less straightforward. In a minority of cases, the Member provided a uniform solution to all TIO complainants. In general, Members wished complaints to be assessed on a case-by-case basis at the conclusion of the systemic complaints investigation, a stance that is counter-productive. The TIO has asked the Council to consider formalising and extending the SCIP.

Eighteen systemic investigations, covering a wide range of issues, were undertaken during the year. Several involved behaviour that could mislead consumers. They included:
· unclear pricing information posted on the provider's website;
· information leading consumers to believe that they had won a phone and on the basis of that entering into a mobile phone contract;
· information about unlimited internet plans; and
· information about handset upgrades.

Following on from last year, a number of investigations examined whether fixed fees were in fact penalties. Two investigations concerned early termination fees under mobile phone contracts and one concerned a SIM unlock fee. The majority of investigations highlighted potential breaches of ACIF codes and guidelines, in particular the Billing, Customer Transfer and Prices, Terms and Conditions Codes.

Completed Investigations

During 2003/04, the following systemic investigations were completed that involved code breach issues:

View Completed Systemic Investigations (PDF 54KB/3pgs)

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