For 20 years, the implementation of the Complaints Book has profoundly transformed the way consumer rights are protected in Portugal. Since then, this mechanism has become an essential pillar in identifying irregular conduct and promoting transparency between companies and consumers. But is this resource still as effective in today’s context?
What impact has the Complaints Book had on protecting consumer rights over these 20 years?
Consumer protection relies, among other things, on the existence of a system that allows the oversight of operations, sanctioning behaviors that violate the law right from the start.
The Complaints Book, whose scope was effectively extended around 20 years ago to cover a much broader range of goods suppliers and service providers, aims precisely to ensure the existence of mechanisms to defend consumers and consumption, making it easier to identify unlawful conduct, which may then be subject to sanctions.
The use of the Complaints Book, now in both physical and electronic formats, has been increasingly adopted. The role of regulatory and oversight bodies, notably ASAE due to its broader reach, has been crucial in handling and addressing complaints.
Do you believe this mechanism has been effective in resolving conflicts between consumers and companies? Why?
In this context, the Complaints Book serves a dual purpose. On one hand, its existence and mandatory availability act as a preventive measure against the violation of consumer rules. On the other hand, its use and application genuinely allow for the repression and sanctioning of illegal behavior by professionals — though not always at the speed expected by users or consumers.
However, despite these purposes, and although a complaint may push the professional to reverse potentially non-compliant behavior, this mechanism has proven not to be a perfect means of conflict resolution. This may occur because, at least in some cases, resolving the conflict or changing conduct would imply admitting that a potentially unlawful act had been committed.
How can a complaint recorded in the Complaints Book be used as evidence in a court case?
When a consumer submits a complaint, whether in the physical or electronic book, they receive a duplicate or copy of the complaint. If they later decide to pursue legal action against the goods supplier or service provider, they can submit the complaint as documentary evidence.
It is therefore important that the complaint contains a detailed and objective description of the incident.
What are the legal obligations of companies when receiving a complaint in the Complaints Book, and what sanctions can they face if they fail to comply?
In the case of the physical Complaints Book, when a complaint is made, the professional must provide the consumer or user with a duplicate of the complaint form. If the consumer refuses to receive it, the entity must file the form, noting the complainant’s refusal.
Next, within 15 business days, the professional must send the original complaint to the entity responsible for regulating and/or overseeing the respective activity. The complaint may be accompanied by the response given to the user or consumer and, if the professional deems necessary, an explanation of the incident.
If the complaint relates to advertising, a copy of the advertisement in question must be attached.
Regarding the physical Complaints Book, the law only imposes the obligation to respond to consumers on essential public service providers, although it is recommended that all businesses do so.
In the case of a complaint made in the electronic Complaints Book, the goods supplier or service provider must respond to the consumer or user within a maximum of 15 business days from the date of the complaint. In this response, they must inform the consumer or user of the measures taken following the complaint. The response, along with any relevant elements, must also be sent to the competent oversight authority within this period.
Failure to comply with these and other rules is punished as an administrative offense, which may result in fines that can be quite substantial. The fines range from €150 to €15,000, depending on the nature of the violation and whether it was committed by an individual or a legal entity, with negligence also being punishable.
In your opinion, do companies respond adequately and within legal deadlines to complaints registered in the Complaints Book? What can be improved?
No. There is frequent non-compliance with the rules regarding the Complaints Book. In practice, we often encounter a certain lack of knowledge about the applicable rules among many obligated professionals.
Therefore, providing practical and targeted information and training for professionals is essential to promote compliance with these rules.
On another note, given that consumers themselves can report directly to oversight entities, particularly in cases of lack of contact, response, or follow-up on their complaint, raising awareness of this possibility could be particularly beneficial.
With digital evolution, what challenges and opportunities has the electronic version of the Complaints Book brought?
The electronic version of the Complaints Book allows complaints to be submitted without the need for physical travel to an establishment or further interaction. It also enables oversight of businesses and operations that take place entirely online.
In an increasingly online-focused commerce and consumption landscape, it has been — and continues to be — highly relevant for the system to adapt accordingly.
One of the greatest challenges lies in getting small, often older businesses to adapt to this system and new forms of communication, which, combined with a lack of knowledge of the regulations, leads to some non-compliance with the applicable rules.
Do you think the Complaints Book model should be updated or complemented with other mechanisms to improve consumer protection?
In fact, there are several consumer protection resources. In our opinion, while further digitalization of all procedures is justified, the issue does not necessarily lie in the number of mechanisms but rather in their functioning.
We believe that enhancing the provision of adequate information to both consumers and professionals is pertinent. Additionally, reinforcing the human and financial resources of the institutions responsible for consumer protection is essential.
