New Deadline for Suppliers to Adjust Their Customer Service Attention for Consumers

The Secretariat of Domestic Trade provided a new deadline for suppliers to adapt their customer service attention to the parameters defined by Resolution SCI 1033/2021 (duly informed here). Indeed, Resolution SCI 425/2022 (published on May 3, 2022) revoked the previous period of adaptation -that had expired on April 12, 2022- and granted an additional period of three months, which expires on August 3, 2022. 

The aim of the norm is to establish how suppliers must interact with consumers remotely, and the steps that should be followed during payment procedures and debt collection. Suppliers that stand to benefit with the extra term are those abiding by the “Minimum and Mandatory Quality Parameters on Attention and Communication Services Remotely”, that is to say, each and every one of those that maintain a relationship with consumers and do not qualify as micro, small and medium-sized companies (MiPyMES).      

Most parameters remain without changes regarding the original text and only a few very specific matters have been modified. Moreover, the recent resolution continues to fail to identify -it had failed to do so in its original text- the best market practices for customer service. For instance, even though telephone assistance is preferred, it seems reasonable to believe that an average consumer that chooses to hire certain online services may probably be interested in having any inconvenience solved online rather than employing any other means.     

Ultimately, an opportunity has been missed to improve the regulatory framework.

We highlight the differences between the original text and the modified version next:

• Adaptation period. The period set to adapt attention services to consumers per “Minimum and Mandatory Quality Parameters regarding Attention and Communication Services Remotely” is extended until August 3, 2022.
• Statute of limitations and free of debt. A decisive change for companies in charge of collecting is as follows: there is no longer an obligation to inform the date of the statute of limitations of a debt unless the consumer has previously demanded so. In this same regard, the obligation to issue a free of debt certificate is only due in case a client has previously requested so.
• Waiting period. At this time, it will be acceptable for suppliers to avoid delays for over 5 minutes time in 90% as opposed to all of the calls received. It would be of the utmost importance for suppliers to submit proof on this subject and rely on tallying to include in an annual auditing that such parameters demand, and that, if necessary, be able to corroborate the fulfillment of the standard in case the matter turns litigious.
• Communication with consumers. The default norm on this matter remains consistent:
  communications with consumers must only be held between 9 AM and 20 PM on working days, never on weekends or non-working days, no matter the hour, to avoid falling into an abusive practice. However, a new exception has been introduced involving, initially, a limitation on telephonic calls.