This report also reflects that the majority of user complaints were related to convergent services, mainly due to issues related to billing and contractual cancellations. Have you ever wondered what is you can claim your operator? And how is the claim process? We explain it to you below.
What can I claim from my operator
The aforementioned OAUT report reflects that the largest number of claims filed by users has to do with billing for services and the denials or difficulties put to the contractual withdrawals. There is also a large number of complaints for issues related to portability, special rate services, roaming, non-compliance with offers and incidents or interruptions.
In this sense, you should know that the Specific rights of users of electronic communications networks and services are included in the General Telecommunications Law, which has just been renewed. They are the following:
- Right to enter into contracts and to terminate it early and without penalty if there is a change in the conditions.
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Right to change of operator with conservation of numbers.
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Right to information about services of electronic communications available and on their quality and on the measures adopted to guarantee equivalent access for users with disabilities.
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Right to access, through the internet access service, information and content, as well as to distribute them, use and provide applications and services and use the terminal equipment of your choice.
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Right of disconnection of certain services.
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Right to access services extra charge and special protection in its use.
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Right to access the emergency services for free.
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Right to access voice, SMS and data electronic communications services in international roaming.
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Right to itemized billingclear and without errors.
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Right to request information from the operator about alternative lower priced faresif available.
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Right to disable the ability to third party service providers to take advantage of an operator’s bill to charge for their products or services.
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Right to stop auto forward of calls made to your terminal by a third party.
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Right to prevent the presentation of the identification of your line on calls that you generate or the presentation of your line identification to the user who makes a call (except in calls to 112).
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Right to reject incoming calls in which said line is not identified.
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Right to service continuity and to obtain automatic compensation for your interruption.
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Right to choose a payment method for the payment of the corresponding services.
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Right to email forwarding or access to them once the contract with an internet access service provider is terminated.
In addition, operators must have a free customer service to provide information and attend to and resolve the complaints and claims of its customers, especially in the telephone channel, which has to guarantee direct personal attention.
Apart from this law, users of interpersonal communications services are also protected by the General Law for the Defense of Consumers and Users. They also have the right to protection of personal data and privacy in relation to unsolicited communications, traffic and location data and subscriber directories.
What is the claim process like?
The first and most important thing a user should do if they believe that one of their rights has been violated is file a claim with the operator by telephone, through the internet, by post or directly at their commercial offices. As we have mentioned before, all operators must have a free customer service center.
The operator must accept the telephone presentation of claims and is obliged to provide you with a reference number that will allow verifying the day of the request and having proof of it. In addition, when the claim is submitted by telephone, the user has the right to request a document that proves the presentation and content of the complaint or claim.
Yes within a month If the user has not received a response from the operator or is not satisfied with the response, the next step is to go through one of these channels:
- Telecommunications User Service Office: there is a period of three months to resort to this route and there are two ways to submit the claim form, electronically if you have an electronic signature certificate or in writing in person.
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Consumer Arbitration Board: This is a procedure for end users who are natural persons and this route can only be used if the operator is subject to the Consumer Arbitration System.
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Lawsuit against the operator: in claims for amounts of up to 2,000 euros, the assistance of a lawyer and solicitor is not necessary.
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self control: It is an agile and free mediation system to resolve your data protection and misleading advertising claims.
In addition, if the problem is not a matter to be dealt with by the Telecommunications User Service Office or by the Consumer Arbitration Board, you can file a claim in Consumption (abusive clauses in the contract, misleading advertising, warranty problems or purchase of routers or mobile phones, improper charges for services, etc.).
Finally, if the problem is related, for example, to the processing of your personal data or the sending of unsolicited advertising, you can contact the Spanish Data Protection Agency (AEPD) and file your claim there.