B. Responding to an Accepted Complaint

The Procedural Code

The following key sections of the Procedural Code underlie the rights and responsibilities of the CCTS and Participating Service Providers (PSPs) at the Handling stage (level 1) once a complaint has been accepted. For more information, please refer to the CCTS Procedural Code.

Section 6.6 – the PSP’s rights and responsibilities when a complaint has been accepted by the CCTS

Section 6.6 of the CCTS Procedural Code explains that a Participating Service Provider (PSP) must respond to a complaint, when they have to respond, and what must be included in the response.

Sections 6.6(b) and (c) allows the PSP up to 30 calendar days to submit a written response to the complaint indicating that the complaint has been resolved or that it remains unresolved.

If you suspect that you have the grounds to object to the complaint further to section 6.6 (a), please refer to the Objections instruction module to review the Procedural Assessment guidelines, and for the complete step-by-step instructions to submitting an objection response.

Sections 6.7 and 6.13 – the CCTS’ authority to investigate

We will investigate a complaint if the complaint has not been closed within the first 30 calendar days. This includes:

  • Complaints that remain unresolved
  • Complaints that the PSP fails to respond to; If a PSP fails to submit its response to the complaint within the 30-calendar day period, the complaint will be escalated to Investigations (level 2) and the PSP is billed accordingly.

Section 7 – the PSP’s responsibilities when a customer disputes a charge

Section 7 of the CCTS Procedural Code imposes additional responsibilities on the PSP anytime the PSP receives a complaint about unpaid charges which are in dispute.

Please refer to the Annotated Guide to the CCTS Procedural Code to review section 7 in full.

Performance Standards and Timelines

The CCTS is actively committed to effective and efficient customer service in all areas, including our complaint-handling activities. Our standards for performance are modeled on the guiding principles described by the International Organization for Standardization (ISO) in its standard ISO 10003. In dealing with the public, with consumers who have complaints, and with telecommunications service providers, we commit to adherence to these standards, which reflect best practices.

Handling (Level 1; pre-investigation)

The CCTS has committed to analyze, assess and respond to written communications, including new complaints submitted through our online Interactive Questionnaire, within 3 business days.  Our performance target is 80%.

We process the communications we receive on a ‘first come, first served’ basis.

Once we accept a complaint, the PSP has up to 30 calendar days to respond to the complaint, or up to 15 calendar days to object to the complaint (if the PSP believes that the CCTS shouldn’t have accepted it in the first place, or should otherwise not take action).

Our performance target is to conclude 80% of complaints within 40 days of acceptance.

We understand that exceptional circumstances may arise from time to time. The CCTS Procedural Code provides us with the flexibility to exercise our discretion to modify our timelines, with the exception of the limitation period as described in section 10.3 and 10.5 of the Procedural Code. See Extension Requests for more information.

Complaint Accepted

If the complaint falls within our mandate, we must accept the complaint. When we accept a complaint, we will notify the customer and forward a copy of the complaint to the Participating Service Provider (PSP). We ask the PSP to attempt to resolve the matter with the customer and report back to us within 30 days to let us know whether the complaint has been resolved.

What should you do when you receive the complaint?

We recommend that you review the customer’s complaint and then reach out to the customer as soon as possible. DO NOT WAIT UNTIL DAY 30. If you want to object to the complaint, you must do so within 15 calendar days of the day the CCTS accepted the complaint and forwarded it to the PSP. We give PSPs 30 days to respond to the complaint, so that they have enough time to work with the customer to resolve the complaint.

When the customer is disputing an unpaid charge

When you receive a complaint about unpaid charges in dispute, you must immediately suspend collections activity, including any collections activity initiated before we accepted the complaint, pending and future collections activity. You may only resume collections activity once the complaint has been closed by the CCTS.

Please refer to section 7 of the CCTS Procedural Code for more information about the PSP’s obligations, what is considered a disputed charge, and what happens if the PSP does not refrain from collections activity during the complaint handling process.

Do you have to use this 30-day period to work with your customer to try and resolve the complaint?

At minimum, you must contact the customer to address the concerns raised in their complaint. When we accept a complaint, we set the customer’s expectations about our process. As such, the customer will expect that you will reach out to them within the 30-day period to discuss their complaint and work with them to try and resolve it.

We encourage you to take advantage of this opportunity – whether you use this time to negotiate, to explore alternative resolutions, or to educate, remember that this is a valuable opportunity to connect with your customer and improve your relationship.

Considerations for your initial response

When deciding on how to approach resolving/ addressing the complaint, you must consider our Standard of Review and the CRTC Codes of Conduct (the Wireless Code, the Internet Code, the Television Service Provider Code and the Deposit & Disconnection Code). You may also want to ask yourself the following questions:

  • Does the complaint have merit?
  • Did you do what the customer has alleged? If so, were you allowed to do that? If so, can you produce the evidence to prove what you were allowed to do and what actually happened?
  • Did you honour the terms of the contract?
  • Did you adhere to the relevant Code of Conduct?

If the answer is yes, you did fulfill your obligations to the customer, be prepared to support your position with evidence if the complaint cannot be amicably resolved. If the answer is no, or, if you cannot produce documentation to demonstrate that you fulfilled your obligations, it may be in your best interest to focus your efforts during this 30-day period on resolving the complaint to the customer’s satisfaction or exploring alternatives.

I. Responding to a RESOLVED complaint

When to report the complaint as resolved

PSPs are only permitted to submit a response indicating that the complaint is resolved if the complaint was resolved to the mutual satisfaction of both the PSP and the customer.

In situations where the PSP has exhausted efforts to resolve the complaint, but the customer does not agree to a resolution are considered unresolved. That said, if there are difficulties in contacting or receiving cooperation from the customer, a PSP may want to consider other requests, such as an unable to contact / cooperation request.

20-day Customer Satisfaction Period

Once a PSP submits the resolved response, the customer will have 20 calendar days to inform the CCTS if they remain unsatisfied with the resolution. Most customers who report that they are not satisfied with the resolution do so because they did not agree to the resolution in the first place, or because they did not fully understand the terms of the resolution until after the PSP reported the complaint as resolved.

To reduce the number of customers who report the complaint as unresolved during the 20-day satisfaction period, we encourage PSPs to ensure that the details of the resolution being offered are clearly communicated, including:

  • The amount of any credits or compensation to be provided, and the date(s) on which these amounts will appear to the customer (e.g. bill date, date refund to be expected)
  • The expiry date of and discounts, credits or promotional plans offered, if applicable
  • A written copy of the new or amended plan or contract and related documents
  • Details of any installation or repair appointments, including the date and time, whether fees may apply, what to do if the repairs do not resolve the issue(s), and the terms of the warranty, of applicable, including when the warranty is sent to expire
  • The time limitation of offer, if applicable; e.g. Is the offer time sensitive? Or can the customer take some time to think about it?
  • Any other relevant details or special conditions related to the resolution

Implementing the Resolution

Section 6.12 of the CCTS Procedural Code states that “When a complaint is resolved to the mutual satisfaction of the Customer and the Participating Service Provider, implementation of the resolution is binding upon the Participating Service Provider.”

When a service provider agrees to resolve a customer’s CCTS complaint, it must implement the resolution.

We expect PSPs to implement the resolution immediately, or prior to submitting the resolved response.

Ideally the resolution should be implemented immediately following the customer’s acceptance of the resolution, either during the contact, or immediately following the contact. In the exceptional event that the PSP is unable to implement the resolution immediately, or prior to submitting the resolved response, the PSP must clearly inform the customer and the CCTS of the date on which it expects to be able to implement the resolution.

What must be included in the response

Section 6.6 of the CCTS Procedural Code requires the PSP to send a written response to the complaint to both the CCTS and the customer. When a PSP submits a resolved response, we will notify the customer via an automated email which is sent to the customer along with a copy of the PSP’s response and the supporting documentation.

If the customer did not provide the CCTS with an email address, the PSP is required to mail the customer a copy of its written response.

The PSP’s response must be complete. A complete resolved response must include ALL of the following:

  • The PSP must clearly confirm that the customer agreed to the resolution.
  • The PSP must clearly explain the details of the resolution, including what the customer agreed to as a resolution, the amounts of any adjustments or awards, any terms and conditions associated with the resolution.
  • The PSP must confirm that the resolution has been implemented, or when the customer can expect the resolution to be implemented in the exceptional event that the PSP was not able to implement it immediately. The PSP must also confirm when/how the customer can confirm the implementation. For example:
    • e.g. On May 22nd the customer accepted our offer to apply a $50 credit to her account. The credit will appear on the June 2020 bill.
    • e.g. On June 30th we spoke to the customer who explained that when they signed the contract in-store, the sales representative told them that they would be able to make calls to the US free of charge. We reviewed the terms of theTalk20 wireless plan as described in the signed contract (see attached). The customer confirmed that she now understands that calls to the US are not included in their Talk20 plan and that such calls will be billed at the pay-per-use rates listed on our website, which may change from time to time. Although the in-store conversation was not recorded, we offered to waive the $27 disputed long-distance charges and to upgrade the customer’s $20/month Talk20 plan to the $40/month TalkUS plan which includes 1000 minutes of US long-distance calling. As a gesture of goodwill, we also to waive 50% of the new monthly fees ($20/month) for the next 3 months. The customer accepted these offers and agreed to accept an electronic copy of the amended contract (see attached). The plan change was implemented immediately following our conversation and both the plan change and the adjustments will appear on the July invoice. The customer will also receive a 50% discount on the Talk US plan on their July, August and September invoices.
    • e.g. On June 2 the customer accepted an offer to cancel his contract without penalties provided that he returns his rented PVR box in good condition. The customer has requested the cancellation take place at the end of the current billing cycle, on June 15th. We have scheduled the cancellation to take place on June 15 between 8am and 9pm EDT. A return kit will be sent to the customer on June 15 immediately following the cancellation. The customer understands that if the equipment is not returned by July 15, 2020, or if the equipment is not returned in near-new condition, they will be billed a $100 penalty fee. 

How to submit a resolved response

  1. Before submitting a resolved response, verify that the response is complete and that the resolution has been implemented.
  2. Locate the complaint in the PSP Portal and select “Resolved” from the “Respond to Complaint” tab:
  3. Fill in the Compensation and Remedies section:

    Adjustments

    • The total amount of adjustments (provided in the form of Cash or Credit) applied to correct a billing error.
    • What about “goodwill” credits? If the “goodwill” adjustment includes the amount in dispute, you should track it as an adjustment in the portal. However, if the “goodwill” adjustment does not include the amount in dispute, you should track it as an award.
    • How to track adjustments: Enter the total amount of the adjustment(s) and then click on the applicable radio-dial to indicate whether the adjustment was provided to the customer as “Cash” (e.g. a cash, electronic or cheque refund) or as a “Credit” to their account. Due to system limitation, you will only be able to choose “Cash” or “Credit”. For this reason, if the adjustment(s) was provided as “Cash” and “Credit”, track the entire amount as “Credit”. CCTS will correct the report if presented with the complaint at Investigations or during our complaint audits.

    Awards

    • The total amount of compensation (provided in the form of Cash or Credit) awarded for any perceived or actual inconvenience or losses incurred, including compensation awarded as a “courtesy” or as a “goodwill gesture”.
    • How to track awards: Enter the total amount(s) of compensation awarded and then click on the applicable radio-dial to indicate whether the compensation was provided to the customer as “Cash” or as a “Credit” to their account. Due to system limitation, you will only be able to choose “Cash” or “Credit”. For this reason, if the adjustment(s) was provided as “Cash” and “Credit”, track the entire amount as “Credit”. CCTS will correct the report if presented with the complaint at Investigations or during our complaint audits.

    Other Remedies

    • Non-monetary remedies, including an apology issued, an explanation provided, and any other corrective action taken by the service provider.
    • How to track other remedies: Select the applicable non-monetary option(s). Using “control-click” will enable you to select more than one option.
  4. Attach a copy of the response; You will not be able to proceed with the update until you upload a copy of your response.
    Label the attachment in the “File Description” field that auto-populates below:
  5. Click on the “Submit” button. An automated message will appear asking you to confirm that you are updating the correct complaint. Verify the complaint number, customer name and customer email listed. Select “Ok” to complete your submission or select “Cancel” if you determine that you are trying to update the wrong complaint.

    No email address listed? You must send the customer a copy of the response and supporting documents by regular mail.
  6. You will be redirected to the Dashboard and the complaint will now appear under the “Concluded” tab and the status will change to “Pending Customer Response”:
  7. You can review your response under the “View PSP Portal Updates” tab:

What’s Next?

Your response will be uploaded to our complaints system and an automated notice will be sent to you and the customer to confirm receipt of the resolved response. The complaint will move to the “Concluded” tab on your dashboard and its status will change to “Pending Customer Response”. The customer will have 20 calendar days to contact us if they believe that the complaint has not been resolved to their satisfaction. After 20 calendar days, the status of the complaint will change to “Resolved” and the reason will be listed as “Customer 20 day expiry”. However, if the customer contacts us within the 20 calendar days to report that they are not satisfied with the resolution we will escalate the complaint to Investigations (level 2).

II. Responding to an UNRESOLVED complaint

When to report the complaint as unresolved

If the complaint was not resolved to the mutual satisfaction of both the PSP and the customer, the PSP must submit an unresolved response.

PSPs may submit an unresolved response at any point within the 30-day period after the complaint is accepted, so long as they have made a reasonable attempt to contact the customer and address their concerns.

What must be included in the response

Section 6.6 of the CCTS Procedural Code requires the PSP to send a written response to the complaint to both the CCTS and the customer. When a PSP submits an unresolved response, we will notify the customer via an automated email which is sent to the customer along with a copy of the PSP’s response and supporting documentation.

If the customer did not provide the CCTS with an email address, the PSP is expected to mail the customer a copy of its written response and the supporting documentation, and then attach a copy when the PSP submits the response in the PSP Portal.

The PSP’s response must be complete. A complete unresolved response must include ALL of the following:

  • A response to each of the customer’s allegations and concerns. For each allegation raised in the complaint, the PSP must provide a clear and focused response that:
    • Explains whether or not the PSP agrees with the facts presented by the customer
    • Explains the PSP’s position (e., the PSP’s side of the story), including acknowledgement of any errors committed by the PSP (e.g. incorrect billing, breach of contract, misleading information, etc.)
    • Includes an explanation the supporting evidence on which the PSP is relying to justify its position
  • Copies of all relevant supporting documentation. This includes any and all documentation upon which the PSP is relying on to justify its position. Appendix 2 includes a reference chart to help guide PSPs in deciding what kind of documentation may be relevant to the complaint.
  • Confirmation that the PSP has discussed this information with the customer.

Refer to Sections 6.6 and 15 of the CCTS Procedural Code for more information.

What is “relevant” supporting documentation?

To help you determine what is “relevant”, consider the following questions:

  • What is the complaint about? Is it a contract dispute? Then the contract is relevant; Is it a billing dispute? Then the bill(s) is relevant, as well as the contract, associated terms, or account note that establish what the PSP was allowed to bill, and proof that the customer agreed to those terms; Is it a service delivery issue? Then technical reports, repair notes, work orders, etc. are relevant, along with the contract, associated terms, or account record that establishes the service delivery standards, procedures, etc. Is it a collections or credit management dispute? Then the provider’s usual collection/ credit reporting process, collection notes, invoices and payment records, etc. are relevant.
  • What are the PSP’s obligations? Any contract, terms, policy or procedure that establishes what the PSP was supposed to do, that explains what the PSP’s rights are n the circumstances, etc. must be provided.
  • What actually happened? Any account records that show what actually happened, including contracts, account records (e.g. notes, transcripts, call recordings, written correspondence, repair records, usage records linking the usage to the customer’s service/device, etc.) must be provided.

Refer to Sections 6.6 and 15 of the CCTS Procedural Code for more information, as well as Appendix 2 for a reference chart of supporting documentation required for various types of complaints.

How to submit an unresolved response

  1. Before submitting an unresolved response, verify that the response is complete.
  2. Locate the complaint in the PSP Portal and select “Unresolved” from the “Respond to Complaint” tab:
  3. Fill in the Compensation and Remedies section, if applicable:

    Refer to step 3 of How to submit a resolved response for more information on Adjustments, Awards and Other Remedies.
  4. Attach a copy of the response, including all supporting documentation; You will not be able to proceed with the update until you upload a copy of your response. Label the attachment(s) in the “File Description” field that auto-populates below:
  5. Click on the “Submit” button. An automated message will appear asking you to confirm that you are updating the correct complaint. Verify the complaint number, customer name and customer email listed. Select “Ok” to complete your submission or select “Cancel” if you determine that you are trying to update the wrong complaint.

    No email address listed? You must send the customer a copy of the response and supporting documents by regular mail.
  6. You will be redirected to the Dashboard and the complaint will now appear under the “Investigation” tab:

What’s Next?

Your response will be uploaded to our complaints system and the complaint will be automatically escalated to Investigations (level 2). An automated notice will be sent to you and the customer to confirm receipt of the unresolved response and explain that the complaint has been escalated to investigations. The level and status on the dashboard will change to “Analysis” and “Pending Analysis” respectively. A “Pending Analysis” status indicates that the complaint has been escalated to Investigations and is waiting for a Complaint Resolution officer (CRO) to begin the investigation. When the CRO starts working on the complaint this status will change to “Active Analysis”.

Where to send additional information?

Additional information can be sent to the CCTS by submitting a General Update via the “Respond to Complaint” tab. PSPs are responsible for providing the customer with a copy of any additional information submitted to the CCTS, with the exception of that which the PSP believes is subject to Section 15 of the CCTS Procedural Code. Exceptions further to Section 15 of the Procedural Code would include: information that the PSP can demonstrate is information that is subject to solicitor client privilege, or that by providing it the Participating Service Provider would place itself in breach of the law. The PSP must include an explanation justifying why it believes the information should be kept confidential under Section 15.

How to submit a General Update

From the “Respond to Complaint” tab, select “General Update” from the available responses. Upload the additional information and label your attachment clearly. Click the submit button to complete the update.