Home • Blog • Blog for entrepreneurs • The book of complaints has been cancelled: working with complaints in 2021
The complaint book has been canceled since the beginning of 2021. Already on January 1, changes to the rules of retail sales began to take effect. One of the innovations was the abolition of the book of complaints and suggestions for consumers. From now on, retail outlets are not required to have a complaint book. Accordingly, the presentation of this book at the request of the client now remains at the discretion of the owner. However, the legislation has not proposed a similar replacement for the complaint book, so the issue of working with consumer complaints remains open. Moreover, according to the new rules on trade, if a consumer makes a complaint about a store, management is obliged to respond to it. So how will claims from citizens be processed now, and what alternatives are there to the complaint book? In this article we will try to understand all the issues related to the cancellation of the complaint book in 2021.
In what areas has the complaint book been canceled since 2021, and in what areas has it not?
So, let's take a closer look at who is not required to have a complaint book behind their counter. According to the new legislation, such a book may not be available in retail stores, namely online and offline stores.
Note!
If you are the owner of a restaurant business, beauty salons, dry cleaners, travel agencies or other types of business providing any services, then you must leave a book of complaints and suggestions.
Indeed, according to the law, organizations that provide services to consumers are required to have a complaint book. If your business does not fall under the category of retail stores, then do not rush to get upset, because maintaining a complaint book in general is not a very difficult process. There are no special criteria for maintaining complaint books. It is enough that it is at your counter and can be given to the buyer if necessary. Even the form of the book can be chosen independently: you can take a regular notebook or purchase a special notebook for complaints. Often, for convenience, owners set up a consumer corner, and the complaint book is located there.
It is worth noting that for the absence of a guest book, owners are subject to a fine (according to Article 14.4 of the Administrative Code). Namely:
- For individual entrepreneurs, the fine ranges from 10,000 to 20,000 rubles;
- For legal entities, the fine will range from 20,000 to 30,000 rubles.
The response to an entry from the complaint book depends on the nature of the entry in the book. For example, if a consumer in his post expresses gratitude to an employee or organization, or suggests various activities for development, then he may not give feedback, but simply take note. Most often, organizations leave short responses to comments and suggestions when checking the guest book daily. For example, “Thank you for your feedback, we will take note and take it into account!” This is done to avoid problems during inspection by the relevant authorities.
Difficulties arise when a book contains negative reviews containing various requirements from consumers. For example, a person may demand a refund of the cost of a product or service. Such records may be regarded by inspection authorities as claims, which means that this type of record requires a mandatory decision and response. In addition, the law establishes a special period for solving the problem, after which a fine will be imposed.
How to keep a guest book and where to put it
We have already said that there are no requirements for the form and completion of the book of reviews and suggestions. The main thing is that it should be in the place where the client comes and be issued at his request. This is a literal legal requirement; others do not apply.
A simple notebook with a pen and a sticker is already a book of reviews and suggestions. Or you can buy a ready-made one with a name and typographic markings.
The book can be placed in the consumer's corner. But it won’t be a mistake if you store it at the counter of the seller, at the cash register in a cafe, or in the desk of the director of a travel agency. It is only important that the employee knows where to get it for the client.
How to design a consumer corner
The concept of a complaint and how to respond to it
Regardless of whether the book of complaints and suggestions has been canceled or not, the consumer has the right to send a complaint to the owner. A claim can be statements, demands, complaints. However, in essence, the consumer simply wants something from you and believes that he can legally demand it. For example, a person may demand a refund of the amount of money paid if the product turned out to be of poor quality. Or demand a replacement of a product or service if it does not correspond to the configuration or is of poor quality.
If the consumer makes mistakes when drawing up a complaint (incorrect formatting, errors in the name of the company), the judicial authorities can also recognize the completed claim as valid. The main factor is the presence in the complaint of a requirement that does not need to be justified by regulations.
Thus, if your company has received any, complaints and their contents must be dealt with as quickly as possible. If the consumer is right, all his demands must be satisfied. And in case of incorrectness, it will be necessary to draw up a response to the claim, preferably taking into account the legal justification for the refusal. If the company ignores the complaint or wrongfully refuses to comply with the requirements, the judge may impose a fine, referring to Article 13 of the Consumer Protection Law, which is:
Half of the amount requested by the consumer. This means that if the plaintiff demanded 30,000 rubles, then when a fine is imposed, the company will pay them plus 15,000 on top towards the fine.
Responsibility for violation of deadlines
The time frame for responding to a complaint will depend on who it is addressed to and on what issue.
For example, if your situation is related to a violation of the law on the protection of consumer rights or affects its individual points (the same replacement of a low-quality product with a high-quality one), such a claim must be considered within 10 days. When contacting state or municipal authorities, you will receive a response to your complaint within 30 days from the date your application was registered.
There are cases in which there is no specifically established deadline for consideration of claims. This will mean only one thing - you have the right to set your own time frame. Typically they ask for no more than 10 working days (two weeks).
The response to your complaint is given in the form of an official letter with the rationale for the decision made and the deadline for its implementation, if provided.
Damaged goods, poor service, insufficiently professional work or rude attitude of the staff. Unfortunately, most of us face some kind of violation of consumer rights. In any organization that provides services or goods to the public, the client must be provided with a “Book of Complaints and Suggestions” to express all complaints.
The modern name of this document is “Book of Reviews and Suggestions.” Almost any public structure or organization is required to conduct it: from a tiny kiosk to a Sberbank branch. Not only a complaint can be left in this document. In the “Book of Complaints and Suggestions” you can also express gratitude to the organization or individual employees.
a place to sit comfortably and writing utensils. A review, gratitude or complaint in the “Book of Complaints and Suggestions” is a subject for study not only by the company administration. Inspection organizations, for example, the Rospotrebnadzor inspection, read these records along with product quality certificates and other documentation.
Most organizations maintain a “Book of Reviews and Suggestions” made in a printing house. But there is no strict requirement in the law on this matter. That is, it is not necessary to have a complaint book in the company on ready-made printed forms. At the same time, the law establishes a number of requirements for the preparation of such a document as the “Book of Complaints and Suggestions”:
- There must be an inscription “Book of reviews and suggestions” on the title page.
- The book must be bound and numbered, certified with the company seal.
- The first page of the document contains important information: the legal address of the organization and contact numbers of managers, information about responsible and controlling institutions.
- The book must be placed in a place accessible to consumers, along with other required documents. Most often this is a stand called “Consumer Corner”.
If the “Book of Reviews” does not meet all the requirements, then this is not only a gross violation of consumer rights, but may also be a reason to contact Rospotrebnadzor with an application to conduct an appropriate inspection.
Refusal to provide a book is a gross violation of the client’s legal rights. In such cases, the consumer has the right not only to file a complaint with the inspection authorities, but also to call the police. If, for some reason, an organization temporarily does not have a “Book of Complaints and Suggestions,” how to file a claim in this case?
Of course, the client has the right to leave any entry in the book. But if he writes a complaint or review about the work of the organization in order to influence the quality of service and restore the violated rights of the consumer, then the complaint in the “Book of Complaints and Suggestions” must be formalized correctly. Only in this case will the claim have the proper effect. Are there specific requirements in accordance with which the “Book of Complaints and Suggestions” is filled out? How to file a complaint or review correctly?
For ease of completion, some organizations create a template on the first page in accordance with which you can leave a review. But if the “Book of Complaints and Suggestions” does not contain a sample form, then the complaint is written indicating the following information:
- Date (day, month, year) the complaint was written. It would also be useful to indicate the time of compilation.
- FULL NAME. and consumer contact information. This information should be indicated if you plan to receive a response from the administration to the complaint. If such a response is not mandatory, no one has the right to force the client to provide his data.
- FULL NAME. and the position of the employee whose actions gave rise to the complaint. This information is available on the employee’s name card (badge).
- A detailed description of the essence of the problem for which the complaint is being made. It is best if everything written is supported by reference to articles of law.
- If necessary, the client's requirements are stated, indicating the time frame within which measures must be taken.
- Signature and transcript of the signature of the originator of the complaint.
Correctly stating the problem or the essence of the conflict situation, the occurrence of which was the reason for writing the review, is just as important as indicating the necessary information. There are several simple recommendations on how to correctly leave a review in the “Book of Complaints and Suggestions”:
- When writing text, it is best to adhere to a calm, formal tone. Whatever emotions the reviewer experiences, they should not be expressed in the text. Sarcasm, obscene words, insults addressed to someone, metaphors or attempts to joke will be unnecessary. Otherwise, unnecessary emotionality can do more harm than good.
- If possible, the complaint should be stated briefly.
- The claim must indicate as many facts as possible, preferably supported by evidence: sales receipt number, availability of a recording of a conversation with an employee of the organization, etc.
- We need proper text. A large number of errors can negatively affect the resolution of the complaint.
- Correctly and clearly stated requirements for eliminating the problem. It is customary to begin the main text with the words “Please...” or “I ask you...”. If the requirements are obvious or there is no specific request, you can limit yourself to the phrase “Please take action.”
The law sets deadlines for considering a review in a book and responding to a complaint. From the moment the complaint is filed, the organization’s management has two days to analyze it. Within five days from the date of filing the complaint, the administration is obliged to:
- Take measures to eliminate all deficiencies specified in the complaint. In exceptional cases, this period may be extended to two weeks.
- Leave a response in the “Book of Complaints and Suggestions” indicating the measures taken in connection with the complaint. If the address of the originator is available, the management of the organization is also obliged to send a response in writing.
The book of reviews and suggestions is an official document. The law obliges owners of public catering, trade and service enterprises to have such a book.
In this book, the consumer can leave his opinion about the establishment, offer his ideas for improving the quality of service, and also complain about inappropriate behavior of employees and any other problems found in the establishment. In addition to the fact that the presence of such a book is required by law, there are certain regulations for responding to entries in it.
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All entries in the book of reviews and suggestions must be reviewed directly by the head of the company. But, in the case of a large network business, this is not possible. Therefore, in chain establishments, records can be reviewed by local managers - territorial managers, or managers or managers of a separate point.
Persons who do not hold management positions do not have the right to review and respond to entries in the book of reviews and suggestions.
For entries in the book of reviews and suggestions, as for all written requests, there are established deadlines within which they must be considered and responded.
We invite you to read: How to appeal the refusal to initiate a criminal case? — Open Police
5 days are allocated for reviewing the entry. During this period, competent feedback in the book should be compiled. At this time, the applicant must be notified that the record will be reviewed.
The law does not regulate different deadlines for feedback on entries in the complaint book, depending on whether they are positive or negative. For each entry made, the review period is the same. But, as a rule, the period for reviewing a positive entry is much shorter, since it does not require any proceedings.
The review period may be increased from 15 to 30 days depending on the situation. If the review period is delayed for an internal investigation, then the company can use up to 15 days from the date of receipt of the complaint for the investigation. At the same time, within the first 5 days the applicant must be notified that the review period is being delayed, which should also be noted in the book.
If in his appeal the consumer demands a return or exchange of goods, a refund of funds, then in this case the terms are regulated by the Law of the Russian Federation “On the Protection of Consumer Rights” and the consideration period can be up to 30 days. But, as in all other cases, the applicant must be notified within 5 days.
Contacts on social networks or by email
Pre-trial claims are included in the list of legally significant communications that cannot be ignored by companies. This means that they fall under paragraph 65 of the Resolution of the Plenum of the RF Armed Forces. According to this clause, legally significant messages can be sent to companies' emails or through other types of communication, unless this is prohibited by law or specified in the contract. The main thing is the ability to reliably identify the sender and addressee of the claim.
Simply put, if there are no prohibitions in the contract on the use of email, instant messengers or SMS services of the company (if they are publicly available), the buyer has the right to submit claims in any available way. If submitted claims are ignored, the company will be fined.
However, despite the abolition of the complaint book in 2021, many companies have no plans to abandon them. Although some note that consumers themselves rarely take advantage of the opportunity to write reviews in books. Increasingly, people are using other available ways to get the information they need: feedback on websites, online support chats, and company contact centers. In addition, Internet users often write reviews on various websites and social networks.
Responses to complaints from the complaint book
The basic rule for responding to a complaint sent to a company is to analyze the problem at the legislative level. After all, when submitting a claim, the consumer refers to the law, according to which he has the right to sue the company. Thus:
- 1. If the consumer is right, it is necessary to immediately satisfy his demands, for example, exchange the purchase, issue a refund, provide repair services.
- 2. In case of a consumer error, it is necessary to justify the refusal to comply with the requirements and explain what the error is. It is best to justify the refusal at the legislative level: in this way the reason for the refusal will be clearer to the consumer and perhaps he will reconsider his arguments.
The deadlines prescribed by law for a company to respond depend on the composition of the claim. They can be found in the article “Consumer Protection Law”. For example, the most popular reasons for filing claims:
Refund for the purchase of an item that does not fit - the buyer can return the item to a retail store within 14 days, and to an online store within 7 days. The company must issue refunds within three days in a brick-and-mortar store and within 10 days online.
Refund if you purchase a defective product. Claims for repairs or compensation for defective goods are also taken into account here. The seller is given 10 days to determine the reasons for the poor quality and resolve the problem. This time is enough to conduct examinations.
Exchange of low-quality goods. In this case, the purchase must be exchanged within a maximum of 7 days. However, if an examination is necessary, the period is extended to 20 days. And if the product is out of stock, the company has a month to deliver the product.
Warranty repair of goods. The repair period for low-quality goods should not exceed 45 days. This period also includes the time spent on the examination.
Refund of prepayment. When a company cannot deliver a paid product on time, the consumer may request a refund of the prepayment. In addition, he has the right to demand payment of a penalty from the company, which is 0.5% of the prepayment for each day of delay. Such a claim must be satisfied within 10 days.
Very important: the book must be reviewed and complaints answered
The entrepreneur decides for himself how to respond to reviews and gratitude. But if the book includes a real consumer complaint, you need to work with it.
Typically, complaints are written on a piece of paper and given to staff or sent by mail. But it may turn out that the buyer writes a statement in the book asking for a refund for a defective product or demands to pay for engine repairs after visiting a car service center. For an entrepreneur, such records are not just negative comments from the client, but legally significant statements from the consumer. Applications must be responded to within the time limit established by law. Otherwise - courts, inspections, fines, writs of execution, arrest of accounts.
How to Respond to Consumer Protection Claims
Therefore, if the book of reviews and suggestions is freely available to clients, the entries must be constantly checked. If you have staff, ask them to report all requests.
Conclusion
It is impossible to say exactly why the book of complaints and suggestions only for retail companies was canceled. However, all other businesses are required to have it in stock, since failure to do so can result in a fine of up to 30,000 rubles. Companies don't have to respond to every entry in the book; positive reviews can be left unanswered. At the same time, regardless of the presence of a book of complaints, companies are obliged to respond to pre-trial claims of consumers, and, if correct, satisfy the requirements within the time period specified by law, so as not to receive a fine.
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