DISP 1.10A Complaints data publication rules
Obligation to publish summary of complaints data or total number of complaints27
- (1) 1
Unless (1A) applies to the firm, where,27 in accordance with DISP 1.10.1 R, a firm submits a report to the FCA reporting 500 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).
27 - (1A)
- (a)
This paragraph applies to a firm which:
- (i)
has permission to carry on only credit-related regulated activities or to operate an electronic system in relation to lending3; and
- (ii)
has revenue arising from those activities3 that is less than or equal to £5,000,000 a year.
3
- (i)
- (aa)
This paragraph also applies to a firm which has permission to carry on only:6
5 - (b)
Where a firm to which this paragraph applies submits a report to the FCA in accordance with DISP 1.10.1 R reporting 1000 or more complaints, it must publish a summary of the complaints data contained in that report (the complaints data summary).27
- (a)
- (2)
Where, in accordance with DISP 1.10.1C R, a firm submits a joint report on behalf of itself and other firms within a group and that report reports 500 or more complaints, it must publish a summary of the complaints data contained in the joint report (the complaints data summary), unless it is a firm to which (1A) applies.27
- (3)
Where, in accordance with DISP 1.10.1C R, a firm to which (1A) applies submits a joint report on behalf of itself and other firms within a group and that report reports 1000 or more complaints, it must publish a summary of the complaints data contained in the joint report (the complaints data summary).27
- (4)
Where, in accordance with SUP 16.12.4 R and SUP 16.12.29C R, a firm with a limited permission submits data item CCR007 to the FCA reporting 1000 or more complaints, it must publish the total number of complaints received.27
Format of publication
The complaints data summary required by DISP 1.10A.1 R must be published in the format set out in DISP 1 Annex 1B R.
Time limits for publication
- (1)
Where the firm's relevant reporting period (as defined in DISP 1.10.4 R or DISP 1.10.4A R as the case may be27) ends between 1 January and 30 June, the firm must publish the complaints data summary no later than 31 August of the same year.
- (2)
Where the firm's relevant reporting period (as defined in DISP 1.10.4 R or DISP 1.10.4A R as the case may be27) ends between 1 July and 31 December, the firm must publish the complaints data summary no later than 28 February of the following year.
- (3)
Where the firm is a firm with only a limited permission and its accounting reference date falls between 1 January and 30 June, the firm must publish the total number of complaints received no later than 31 August of the same year.27
- (4)
Where the firm is a firm with only a limited permission and its accounting reference date falls between 1 July and 31 December, the firm must publish the total number of complaints received no later than 28 February of the following year.27
Confirmation of publication
A firm must immediately confirm to the FCA , in an email submitted to complaintsdatasummary@fca.org.uk , that the complaints data summary or total number of complaints (as appropriate)27 accurately reflects the report submitted to the FCA , that the summary or total number of complaints (as appropriate)27 has been published and where it has been published.
Publication on behalf of the firm
A firm will be taken to have complied with DISP 1.10A.1R (1), DISP 1.10A.1R (1A)27 (2) , DISP 1.10A.1R (3) or DISP 1.10A.1R (4)27 if within the relevant time limit set out in DISP 1.10A.3 R the firm:
27- (1)
ensures that another person publishes the complaints data summary or total number of complaints (as appropriate)27 on its behalf; and
- (2)
publishes details of where this summary or total number of complaints (as appropriate)27 is published.
Joint reports: provision of information to third party on request
Any firm covered by a joint report, other than the firm that submitted the joint report, must provide details of where the complaints data summary or total number of complaints (as appropriate)27 is published to any person who requests them.
Mode and content of publication
Firms may choose how they publish the complaints data summary or total number of complaints (as appropriate)27. However, the summary or total number of complaints (as appropriate)27 should be readily available. For this reason, the FCA recommends that firms should publish the summary or total number of complaints (as appropriate)27 on their websites.
[deleted]4
Meaning of revenue
Publication of complaints data by the FCA
- (1)
4To improve consumer awareness and to help firms compare their performance against their peers, the FCA publishes:
- (a)
complaints data about the financial services industry as a whole; and
- (b)
firm-level complaints data for those firms that are required to publish a complaints data summary or the total number of complaints (as appropriate) under DISP 1.10A.1R.
- (a)
- (2)
The FCA also publishes firm-level information giving context to the complaints data reported to it for those firms that are required to publish that information under DISP 1.10A.1R.
4For firms reporting 500 or more complaints under DISP 1.10.1R(1) or 1000 or more complaints under DISP 1.10.1R(2) in the relevant reporting period, the FCA will publish the firm-level complaints data and information providing context to the complaints data reported to it either:
- (1)
after the firm provides the appropriate consent in the complaints data report and confirms that the reported data accurately reflects the data which it will publish under DISP1.10A.1R; or
- (2)
after the FCA receives an email from the firm under DISP 1.10A.4R confirming that the complaints data summary accurately reflects the report submitted to the FCA, that the summary has been published and where it has been published.
4For firms with only a limited permission that report complaints to the FCA under the reporting requirements in SUP 16.12, the FCA will publish the firm-level complaints data reported to it after the FCA receives an email from the firm under DISP 1.10A.4R. That email should confirm that the total number of complaints accurately reflects the report submitted to the FCA under SUP 16.12, that the total number of complaints has been published and where the information has been published.