27 Nov 2007—TDR Launch Press Release
Full text of the press release announcing the launch of TDR is here. A copy of the press release can be downloaded below.
New Dispute Service Launched for Telecommunication Consumers
27 November, 2007
A new consumer dispute resolution process is available for customers of New Zealand’s telecommunication and ISP companies from Friday.
Telecommunication Dispute Resolution (TDR) is an independent service for residential and small business consumers to use if they are unable to resolve a complaint with their telecommunication company. The service is endorsed by telecommunications companies accounting for over 98 percent of the New Zealand market.
TDR is a free service, which can be used by any consumer whose telecommunications company is a member of the TDR scheme.
Consumers must have raised their complaint with their telecommunication company first, and given the company a chance to respond. If the consumer is not happy with the outcome or it has taken more than six weeks to resolve, TDR can get involved.
The service has been established by the Telecommunications Carriers’ Forum (TCF) – a collective of telecommunication companies – and leading consumer advocates such as Consumers’ Institute, TUANZ and Citizens Advice Bureaux. The TCF also established a TDR Council, made up of half industry and half consumer representatives, to provide the overall governance of the service. The chairman of the TDR Council is well-known consumer law expert Bill Bevan.
Mr Bevan said TDR was the result of two years of work by the telecommunications companies and consumer representatives, and that the service was designed to be fair to both telecommunications companies and their customers.
”TDR will work with both parties to resolve disputes and is set up to ensure independent decisions – although if consumers don’t agree with the final decision they still have the option of taking their dispute to the Disputes Tribunal. The Scheme members have all agreed to be bound by the decisions made by TDR and have signed up to a Customer Complaints Code, so it will apply equally across the board, which means consumers can have faith in its independence and objectivity.”
Consumers will be able to access the TDR service via phone, fax, email and through its website, www.tdr.org.nz. Some of the Scheme members will also be supplying TDR information brochures with customers’ billing information, and brochures will also be available through the Citizens’ Advice Bureaux, Community Law Centres, Federation of Budgeting Services, TUANZ and Refugee Resettlement Services.
TCF independent chairperson Malcolm Alexander said TDR was another success for the TCF members, who have worked positively and constructively with consumer stakeholders. Together the parties have designed a scheme that has been able to secure the support of both consumers and the industry, he said.
The TDR service is being offered through a specialist dispute resolution company, Dispute Resolution Services (DRS). DRS is an award-winning, nationwide company, which has been operating since 1999.
Contacts:
For Telecommunication Dispute Resolution - Telecommunication Dispute Resolution Council Chair, Bill Bevan:
Phone: Whitireia Community Law, 04 2376811
Email: commlaw@wnc.quik.co.nz
For the Telecommunication Carriers’ Forum - TCF Independent Chair, Malcolm Alexander:
Mobile Phone: 021 737 681
For Dispute Resolution Services Ltd. - Dispute Resolution Services General Manager, Neil McKellar
Phone: 04 – 918 4919
Mobile Phone: 0274 999 949
Fax: 04 – 918 4901
Email: neil.mckellar@drsl.co.nz
Scheme Members:
Call Plus
Eziphone
Ihug
Kordia
Orcon
Slingshot
Telecom
TelstraClear
Vodafone
WorldxChange
Websites:
Telecommunication Carriers’ Forum - www.tcf.org.nz/
Telecommunication Dispute Resolution - www.tdr.org.nz
Dispute Resolution Services Ltd. - http://www.drsl.co.nz/
Background:
The TDR service was established by the Telecommunication Carriers’ Forum, and is based on a Customer Complaints Code that has been agreed to by the TCF members. Development of the Code began in May 2005, and it was formally endorsed by the TCF late last year. The TCF then established a Council to govern the Scheme and appoint a company to implement the service.
The formal structure:
(The Customer Complaints Code and the Terms of Reference are both publicly available on both the TCF and TDR website.)
Dispute Resolution Services was appointed as the company to implement the service in mid-July, 2007.
The service is available to any customer whose telecommunications company has signed up to the TDR Scheme. (Scheme Members do not need to be members of the TCF, however.)
A customer must have made the complaint to their company first, and if it cannot be resolved and falls within the jurisdiction of TDR, TDR will then start a process to resolve the dispute between the customer and the company.
There are some limits to what TDR can consider. These are:
TDR can consider:
- Complaints about companies that are part of the TDR scheme
- Any service or product, including pre-pay mobile phones, from telecommunications companies that are part of the Scheme, including charges (but not pricing).
TDR cannot consider a complaint if it is in regard to:
- an event that happened before 30 November 2007, when TDR started operating, or before a telecommunication company became part of the TDR Scheme
- equipment or software that is not supported by the telecommunications company
- a telecommunication company’s network coverage
- 111 calls
- Yellow Pages advertising content
- the same complaint that is subject to legal action and/or is being made somewhere else, such as through the Courts
- domain names
- a request for information
- an issue that is covered by the Privacy Act
- it is the same complaint as one that has already been looked at by TDR
The TDR resolution process can also award compensation to customers, but only up to $12,000. It cannot consider claims that are based on:
- Loss of profits or indirect loss
- Claims for pain and suffering
- Loss of business reputation
- Inconvenience and mental distress
- Costs involved in compiling or pursuing a complaint through the TDR process
The telecommunications companies in the TDR Scheme are able to make a gesture of goodwill in these instances, however.