Complaining is the customer’s right
However well you run your business, it is normal to receive a formal complaint now and then. Complaining is a right we all have as consumers, there is more and more information about how to do it, and anyone can exercise it, even when you least expect it and even if you have acted correctly.
A complaint does not mean you have done something wrong. But it does call for a careful reply, because what you write may later be read by the consumer authorities, an arbitrator or a judge.
What your business must have before anyone complains
In Andalucía, Ley 13/2003, de Defensa y Protección de los Consumidores y Usuarios (the Andalusian Consumer Protection Act), and Decreto 472/2019, which regulates complaint forms (hojas de quejas y reclamaciones), impose several obligations on most businesses that serve consumers:
- Keep the official complaint forms available to customers and hand them over when asked.
- Show that they are available with a visible sign on the premises, in the format set by the rules.
- Provide the information the law requires on prices, terms and guarantees, and issue an invoice or receipt.
In addition, your quotes and terms must not contain unfair terms (cláusulas abusivas), meaning clauses that create a significant imbalance to the consumer’s detriment. They are prohibited by the Ley General para la Defensa de los Consumidores y Usuarios (the Spanish Consumer Protection Act) and the Ley de Condiciones Generales de la Contratación (the General Terms and Conditions Act). If a clause is unfair, it is treated as never written, even if the customer signed it. You can have this reviewed as part of the consumer contracts service.
That is why prevention matters most: avoiding complaints as far as possible and, if a dispute cannot be avoided, keeping its consequences to a minimum.
What happens when a customer fills in the form
The customer fills in the form on your premises, you keep one copy and they keep theirs. The Andalusian rules give you a short deadline to reply in writing. If you do not reply or the customer is not satisfied, they can take the complaint to the consumer authorities, such as the town council’s consumer information office (OMIC) or the Junta de Andalucía’s provincial consumer service.
From there, the matter can take several routes:
- Agreement with the customer, at any time. This is usually the quickest and cheapest way out.
- Consumer mediation, in which the authorities try to bring the two sides together.
- Consumer arbitration, through the consumer arbitration boards (juntas arbitrales). It is voluntary for the business, unless it has previously signed up to the system, and the award, meaning the arbitrator’s decision, is binding on both parties.
- Disciplinary proceedings, if the authorities find that a consumer rule has been breached, such as not having the forms or the sign.
- Court proceedings, if the customer decides to sue.
How to reply well
A good reply sticks to the facts, includes the documents that support them and, where it makes sense, offers a solution. Avoid admitting more than what happened, and avoid angry replies too, which usually work against you. And do not miss the deadline: not replying can send the matter to the consumer authorities and, above all, comes across as indifference.
If you have a complaint on your desk, you can send it to me through an online consultation and I will tell you how to reply.