§ 3-53. Complaint handling: response deadlines and refusals

The Financial Contracts Act (Finansavtaleloven)·LOV-2020-12-18-146

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In brief

The text of the law (unofficial translation)

§ 3-53. Handling of complaints

(1) The service provider shall have appropriate and effective procedures for handling complaints and claims from customers. A written description of these procedures shall be available to customers.
(2) Complaints and claims from customers shall be answered in a written document. The answer shall cover all questions the customer has raised, and shall be communicated to the customer as soon as possible. If the complaint or claim has not been answered within 15 business days of receipt, the service provider shall send a preliminary reply to the customer clearly stating the reasons why the enquiry has not been answered, and stating when the customer will receive a final answer. In exceptional cases beyond the service provider's control, the deadline for sending a preliminary reply may be extended by up to 35 business days from receipt.
(3) When the service provider refuses a request for a financial service, the customer or other contracting party shall immediately be informed in a written document of the refusal and the reasons for the refusal. However, this does not apply if otherwise provided by or pursuant to law. The document shall state the right to complain and the possibility of dispute resolution before an established complaints board under § 3-54. The same applies in the event of the service provider's notice of termination or cancellation of the contract, and if a service provider does not accept full liability for errors or misuse in connection with a service provided.
Source: Lovdata — Finansavtaleloven (the Financial Contracts Act) § 3-53

What does this mean?

This section sets requirements for how the service provider receives and answers complaints and claims from customers. The service provider must have procedures that are appropriate and effective, and a written description of them must be available to customers. So the procedures must not only exist; customers must also be able to read how they work.

Complaints and claims must be answered in writing. The answer must cover all questions the customer has raised, and be given as soon as possible. If the matter has not been answered within 15 business days of the enquiry arriving, the service provider must send a preliminary reply. It must say why no answer has been given, and when the customer will get a final answer. In exceptional cases beyond the service provider's control, the deadline for a preliminary reply can be extended by up to 35 business days.

If the service provider refuses a request for a financial service, the customer or another contracting party must immediately be told in writing about the refusal and why. This does not apply if the law provides otherwise. The document must also state the right to complain and the possibility of dispute resolution before an established complaints board under § 3-54. The same requirement applies in the event of the service provider's notice of termination or cancellation of the contract, and when the service provider does not accept full liability for errors or misuse connected with a service provided.

An example using the roles in the law: a customer complains, and after 15 business days the matter has not been answered. The service provider must then send a preliminary reply giving the reason and a date for when the final answer will come. § 3-54 regulates the complaints board the customer can take the matter to. Several sections on notice of termination and blocking (sperring), including §§ 4-43, 5-14 and 5-15, are listed as sections that refer here, and the same applies to § 3-51 and § 1-9.

Related sections
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