§ 3-54. Complaints board for disputes between customer and service provider
Machine-translated from Norwegian. The Norwegian text is the one that applies. Read the original in Norwegian.Norsk English العربية Polski Українська
In brief
- The Government (Kongen) can approve a complaints board (klageorgan) set up by service providers (tjenesteytere) and customer (kunde) organisations.
- Regulations (forskrift) can govern who can complain, the conditions, the effect and the duty to inform.
- The complaints board comes after the service provider's own complaints handling under § 3-53.
The text of the law (unofficial translation)
§ 3-54. Handling of disputes by a complaints board
- who may bring cases before the complaints board
- conditions for the handling of cases by the complaints board
- the effect of the handling between the parties, including the relationship to the ordinary courts, the right to bring cases directly before the district court (tingretten) and the enforceability and legal force of the complaints board's decisions
- the relationship to other legislation on the handling of disputes by complaints boards
- the duty to provide information to the service provider's customers.
What does this mean?
This section provides a basis for disputes between customers and service providers to be resolved outside the courts. The Government can approve a complaints board when the board has been established by agreement between service providers or their organisations on the one side and organisations representing the customers on the other. Approval is therefore an option, not an obligation, and the board is based on an agreement between the parties in the market.
The Government can also issue regulations on the complaints board's activities. The regulations can determine who can bring cases, and which conditions must be met for a case to be considered. They can govern what effect the handling has between the parties, including the relationship to the courts, and what enforceability and legal force the decisions have. They can set out how this dispute resolution relates to other legislation on dispute handling. Finally, they can lay down a duty for the service provider to inform customers.
The section works as the last step in the complaints chain. The duty to provide information about dispute resolution and complaints boards is regulated in § 3-26, which is listed as a section that refers here. The same applies to § 3-8 on termination of agreements and § 4-40 on the duty to provide information on account switching (kontobytte).
An example using the law's roles: a customer and a service provider disagree, and the service provider has rejected the complaint. If there is an approved complaints board, the customer can have the case handled there, in line with any rules laid down in regulations. Which cases can be brought and what effect the decision has depend on the regulations.
- § 3-53Complaints handling: response deadlines and rejections
- § 3-26Information on dispute resolution and complaints boards
- § 3-8When the service provider can block or terminate an agreement
- § 4-40The consumer's (forbruker) right to information on account switching