Telephone claims: defend your rights

The first step: try to solve the problem with the company

Before submitting a claim to an official body, you must make a written claim to the Customer Service of the operator, who must assist you personally and directly. If you make your claim by phone, the operator must inform you of the complaint reference number, which you should write down. Also, the consumer you can ask the operator a document that proves the presentation and content of the complaint.

So much to claim through the Telecommunications User Service Office as if to submit a request for consumer arbitration, having tried to resolve the conflict with the company necessary, and you will have to prove it, either in writing (emails or communications with the company) or with the incident number that they give you in the event that you spoke with the customer service department by phone.

elapsed a month From the formulation of the claim, if you have not received a response from the company or it is not satisfactory, you can choose one of these ways.

Telecommunications User Service Office

It is an extrajudicial, transparent, simple and free procedure. All telephone operators are included within it and the proposed solution binds the telephone operator. Dispose of three months to file the claim and it will be resolved within a period of six months.

You can make it right through your web page (you will need an electronic certificate, electronic DNI or Permanent password) or in person.

The matters for which you can claim in this office are the following:

• Disagreement with the invoice received, both in the amount and in the concepts included.
• Denial or delay in telephone line installation fixed
• Denial or delay in process the cancellation in the service by your operator.
• Denial or delay in portability number or operator selection.
• Unsolicited hiring.
• Breakdowns or service interruptions.
• Breach of offers by the operator.
• Breach of the right of disconnection.
• Guarantee deposits for fixed telephone service.
• Lack of communication of contractual modifications.
• Other conflicts that may arise regarding the rights of end users.

Consumer arbitration

You can file a request for arbitration before the Consumer Arbitration Boards, which is also an extrajudicial, transparent, simple and free procedure. It is voluntary for both parties, so if the company is not adhered to the arbitration system, or is not for the issue that arises, it may not accept arbitration (although practically all telephone companies are adhered). Once the administration has all the necessary documents and the application is accepted for processing, will resolve within a period of three months and the solution it proposes will be binding, that is, it must be complied with by both the operator and the consumer.

Consumer Claim

When the problem that arises is not a matter to be dealt with by the Telecommunications User Service Office or by the Consumer Arbitration Board, you can file a consumer claim. The topics that can be claimed are the following:

• The corresponding compensation for a deficient provision of the service or for its lack of provision.
• The possible existence of abusive clauses in the contract.
• Problems with the terminals (routers, mobile phones), both with their acquisition or the guarantee.
• Charge for improper services.
• Misleading advertising.

Problems with the processing of personal data or unsolicited advertising

Finally, if your problem is related to, among others, a discrepancy in the treatment of your personal data or in the case of sending unsolicited advertising by electronic means you can go to the Spanish Agency for Data Protection (AEPD) and present your claim.

You can also submit a judicial claim against the operator, for which, in relation to claims for amounts of up to 2.000 euros, you will not need the assistance of a lawyer and solicitor.

Remember that, to make a claim, you must provide all the documentation you have regarding the facts.