DISP 1.2 Consumer awareness rules

5Publishing and providing summary details, and information about the Financial Ombudsman Service8 17

DISP 1.2.1R01/10/2015

To aid consumer awareness of the protections offered by the provisions in this chapter, respondents must:

(1)
publish appropriate information regarding their internal procedures for the reasonable and prompt handling of complaints;6 16
6 16
(2)
refer eligible complainants to the availability of this information:6 16 5
5616
1. (a)
  5in relation to a payment service, in the information on out-of-court complaint and redress procedures required to be provided or made available under regulations 36(2)(e) (Information required prior to the conclusion of a single payment service contract) or 40 (Prior general information for framework contracts) of the Payment Services Regulations; or
2. (b)
  otherwise, in writing at, or immediately after, the point of sale;
  8 17
(3)
provide such information in writing and free of charge6 16 to eligible complainants:
616
1. (a)
  on request; and
2. (b)
  when acknowledging a complaint; and8 17
(4)
provide information to eligible complainants, in a clear, comprehensible and easily accessible way, about the Financial Ombudsman Service including the Financial Ombudsman Service's website address:8 17
1. (a)
  on the respondent's website, where one exists; and8 17
2. (b)
  if applicable, in the general conditions of the respondent's contract with the eligible complainant.8 17

[Note: article 15 of the UCITS Directive, article 13(2) of the ADR Directive article 14(1) of the ODR Regulation, and regulation 19 of the ADR Regulations.10 18]7 8 17

DISP 1.2.2R28/09/2015

Where the activity does not involve a sale, the obligation in DISP 1.2.1R(2)(b):11

(1)
shall apply at, or immediately after, the point when contact is first made with an eligible complainant; and11
(2)
where the respondent is a not-for-profit debt advice body:11
1. (a)
  may be met at, or immediately after, the point when contact is first made with an eligible complainant, by making an oral reference to the availability of the information if the respondent does not communicate with the eligible complainant in writing then; and11
2. (b)
  must be met in writing on the first occasion on which the respondent communicates with the eligible complainant in writing.11

DISP 1.2.3G09/07/2015

The8 17 summary details concerning internal complaints handling procedures 8 17should cover at least:

(1)
how the respondent fulfils its obligation to handle and seek to resolve relevant complaints; and
(2)
(where the complaint falls within the jurisdiction of the Financial Ombudsman Service)7 that, if the complaint is not resolved, the complainant may be entitled to refer it to the Financial Ombudsman Service.

DISP 1.2.4G09/07/2015

Those8 17 summary details may be set out in a leaflet, and their availability may be referred to in contractual documentation.

DISP 1.2.5G01/11/2007

Respondents may also display or reproduce the Financial Ombudsman Service logo (under licence) in:

provided it is done in a way which is not misleading.

DISP 1.2.5AG01/07/2011