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Customer service law sets three-minute on-hold limit and 15 days for resolving complaints
17/07/2022
SPAIN'S new customer service law announced in February this year will limit the time callers are left 'on hold' when contacting companies to just three minutes, and sets a maximum of 15 days for firms to resolve complaints.
As already outlined earlier in 2022, the legislation, which is due for the formal rubber-stamping any day now, requires companies to guarantee callers will be able to speak to a human being if they wish, not just an automated machine service.
It also obliges all businesses to set specific systems and services for the elderly and for people with disabilities or diversities.
Companies which break the new rules can be fined between €150 and €100,000, depending upon the seriousness of the issue and whether it is a repeat offence.
Consumer affairs minister Alberto Garzón says the legislation will 'halt the abuse' of 'certain companies' in their relations with customers and 'nip in the bud' the 'administrative labyrinths' that 'create headaches for families in Spain'.
“It's not just the odd few companies which create these, precluding the public from exercising their right to full customer service,” Garzón stated.
The three-minute limit for callers being left on hold applies to those contacting a company for 'general information, complaints, or after-sales service', and businesses will be required to guarantee, within a year of the new law coming into effect, that 95% of calls are answered within the set time frame.
At present, Spanish law dictates that complaints or problems be resolved within a maximum of 30 days, but this will now reduce to 15.
Where the issue raised relates to supply or connection of 'basic services' – electricity, gas, water and internet – the providers will be required to explain what has caused the outage and guarantee the situation will be resolved within no more than two hours.
If a complaint is in process, the provider will not be permitted to cut off supply until this is resolved.
In addition to guaranteeing that any caller will be able to speak to a human, not just an automated message service, companies passing the customer on to the human in question are 'categorically forbidden' to transfer them to a line which attracts a cost for the call.
Also, customer service departments will no longer be able to take advantage of calls for information requests or complaints to try to sell goods or services.
For 'basic services' – water, electricity, gas, internet, or transport – agents must be available for customers to speak to 24 hours a day, seven days a week, including on all bank holidays.
Companies providing other services which are less urgent will be obliged to make operators available to callers throughout the whole of their usual working day – for example, if trading hours are from 09.00 to 18.00, explains Garzón, they will not be allowed to restrict call centre opening to 10.00 to 16.00.
Firms will be forbidden from restricting contact methods where these cause a problem for the elderly, disabled or those with diversities – for example, they cannot stipulate that they only deal with customers by telephone, since a customer who is deaf will not be able to use the service; they must provide instant messaging or video calls with sign-language interpreters; neither can they insist on only dealing with customers via email or instant messaging rather than phone calls, given that elderly clients are less likely to have internet connections, and blind customers cannot read or write emails.
At present, the legislation is only binding on companies – public- or private-sector firms – with either a minimum of 250 employees or a turnover of €50 million or more per year.
This is not the case with 'basic service' providers, however – even the smallest of these is required to adhere to the new law.
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SPAIN'S new customer service law announced in February this year will limit the time callers are left 'on hold' when contacting companies to just three minutes, and sets a maximum of 15 days for firms to resolve complaints.
As already outlined earlier in 2022, the legislation, which is due for the formal rubber-stamping any day now, requires companies to guarantee callers will be able to speak to a human being if they wish, not just an automated machine service.
It also obliges all businesses to set specific systems and services for the elderly and for people with disabilities or diversities.
Companies which break the new rules can be fined between €150 and €100,000, depending upon the seriousness of the issue and whether it is a repeat offence.
Consumer affairs minister Alberto Garzón says the legislation will 'halt the abuse' of 'certain companies' in their relations with customers and 'nip in the bud' the 'administrative labyrinths' that 'create headaches for families in Spain'.
“It's not just the odd few companies which create these, precluding the public from exercising their right to full customer service,” Garzón stated.
The three-minute limit for callers being left on hold applies to those contacting a company for 'general information, complaints, or after-sales service', and businesses will be required to guarantee, within a year of the new law coming into effect, that 95% of calls are answered within the set time frame.
At present, Spanish law dictates that complaints or problems be resolved within a maximum of 30 days, but this will now reduce to 15.
Where the issue raised relates to supply or connection of 'basic services' – electricity, gas, water and internet – the providers will be required to explain what has caused the outage and guarantee the situation will be resolved within no more than two hours.
If a complaint is in process, the provider will not be permitted to cut off supply until this is resolved.
In addition to guaranteeing that any caller will be able to speak to a human, not just an automated message service, companies passing the customer on to the human in question are 'categorically forbidden' to transfer them to a line which attracts a cost for the call.
Also, customer service departments will no longer be able to take advantage of calls for information requests or complaints to try to sell goods or services.
For 'basic services' – water, electricity, gas, internet, or transport – agents must be available for customers to speak to 24 hours a day, seven days a week, including on all bank holidays.
Companies providing other services which are less urgent will be obliged to make operators available to callers throughout the whole of their usual working day – for example, if trading hours are from 09.00 to 18.00, explains Garzón, they will not be allowed to restrict call centre opening to 10.00 to 16.00.
Firms will be forbidden from restricting contact methods where these cause a problem for the elderly, disabled or those with diversities – for example, they cannot stipulate that they only deal with customers by telephone, since a customer who is deaf will not be able to use the service; they must provide instant messaging or video calls with sign-language interpreters; neither can they insist on only dealing with customers via email or instant messaging rather than phone calls, given that elderly clients are less likely to have internet connections, and blind customers cannot read or write emails.
At present, the legislation is only binding on companies – public- or private-sector firms – with either a minimum of 250 employees or a turnover of €50 million or more per year.
This is not the case with 'basic service' providers, however – even the smallest of these is required to adhere to the new law.
Related Topics
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