On July 1st, Decree-Law no. 74/2017, of June 21, entered into force, which introduced changes to the regime of the Complaints Book, implementing the measure of the Simplex + 2016 Program "Book of Online Claims" .
MAJOR CHANGES TO CONSUMERS
Consecration of the right of reply to the consumer within a maximum of 15 working days in the case of complaints about essential public services (water, energy, gas, electronic communications and postal services);
Establishment of the obligation to provide assistance to consumers who, because of illiteracy or physical incapacity, are unable to complete the complaint sheet (the economic operator must complete the complaint sheet in the exact terms orally described by the consumer);
Along with the paper (physical) complaints book that should always exist in establishments, the availability of the Complaints Book in the electronic format where the consumer can submit their complaint that will be immediately and directly sent to the complained operator and the competent regulatory body;
In operation since July 1, 2017, on the digital platform www.livroreclamacoes.pt
The introduction of the Electronic Complaint Book is phased in. It is now available for the submission of complaints, requests for information to the regulator, as well as for consultation of frequently asked questions and legislation in force in the water, energy, gas, electronic communications and postal services sectors.
Electronic Complaint Book | Phase 1 - Applicable to essential public services.
The complaint filed in the Electronic Complaint Book has the same validity as the complaint filed in the physical (paper) grievance book.
In the first phase of implementation of the Electronic Complaints Book, only the Regulatory Entities ANACOM, ERSAR and ERSE and the essential public water, energy, gas, electronic communications and postal services providers must disclose the existence of the Electronic Complaints Book in the Via the link or the icon created for this purpose (contact your Regulator or the Consumer Directorate-General).
The essential public service providers covered do not have to make any registration on the digital platform or in the Press-National Mint.
In order to make a complaint or request for information in the electronic format of the Complaints Book, it is essential that the consumer or user has an e-mail address, in which he will receive confirmation of the submission of his request and his supporting document.
The essential public service providers prescribe the complaints that are submitted in the platform www.livroreclamacoes.pt through email.
The essential public service providers covered have a duty to respond to consumer complaints within a maximum period of 15 working days.
Ordinance no. 201-A / 2017, of June 30 - Introduces new rules for the physical (paper) complaints book model and electronic complaints book
The new Ordinance introduces some changes to the physical paperbook model (paper) but economic operators can keep the model book they still have for use in their establishments.
The complaint book template with the new changes will be available from October 15, 2017.
Business associations that already have authorization from the General Directorate of Consumer for the sale of complaint books do not have to request a new authorization. The authorization granted pursuant to Administrative Rule no. 1288/2005 shall remain valid, as well as the sales registration obligations.
The electronic complaints book is made available by INCM. Until January 1, 2018, the electronic complaints book is available free of charge.
As of October 15, economic operators may request endorsements at the end of the complaint book. Endorsement is requested only through the INCM online store.
Source: Consumer Directorate General
