As well as ComReg’s free complaint handling service (ComReg Consumer Line), ComReg has formal Dispute Resolution Procedures for mobile phone, home phone and broadband complaints.
As it is a more formal and time-consuming process for you and your provider, we will always provide consumers the opportunity to first resolve matters via our free informal complaint handling service which is mainly managed over the phone and email.
Formal Dispute Resolution is mainly a paper-based process and requires an application form for formal dispute resolution to be submitted. There is an application fee of €15 which needs to be paid before we can consider an application.
If your application is accepted for resolution ComReg’s free complaint handling service will cease in relation to your complaint.
Complaints must remain unresolved for a period of at least 10 days after having raised with the relevant provider and relate to a ‘relevant dispute’.
Our formal ‘End-user Dispute Resolution Procedures’ (ComReg 24/22aR1) set out the steps and indicative timeframe for the formal resolution process which aims to resolve dispute referred to it within 60 working days (approximately 3 months) from the date an application is accepted.
If you wish to apply for a dispute to be resolved, please contact ComReg consumer dispute resolution for further details and an application form and fee payment form will be sent to you.
In order for an application to be accepted as valid, a number of criteria must first be fulfilled:
The complaint must relate to a “relevant dispute”;
The dispute relates to a single end-user who has been impacted by the subject matter of the dispute;
The complaint, which must relate to a “relevant dispute”, must be unresolved and the circumstances must be such that (a) at least 10 days have elapsed since the complaint giving rise to the dispute was first notified to the provider in accordance with the code of practice for complaints handling, or (b) the procedures for the resolution of disputes provided for in the provider’s code of practice have been completed.
The complaint must have been first notified to the provider in accordance with the code of practice for complaints handling within the previous 12 months;
The scope of the dispute must be confined to the issues contained in the complaint when it was notified to the provider;
The dispute is not frivolous or vexatious;
The dispute is not being, nor has previously been, considered by another dispute resolution entity or by a court;
The nominal fee has been paid;
Dealing with the dispute does not impact or impair the effective operation of ComReg.
As defined by the Section 40 of the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 (“this Act”)
relevant dispute means—
(a) a dispute between an end-user and a provider in relation to compensation payable under section 39 of this Act,
(b) a dispute between an end-user and a provider, arising under this Act or the Code Regulations [S.I. No. 444/2022 – European Union (Electronic Communications Code) Regulations 2022], relating to contractual conditions or the performance of contracts (whether entered into or not),
(c) a dispute between an end-user and an undertaking (within the meaning of Regulation 2 of the Regulations of 2019),[S.I. No. 343/2019 – European Union (Open Internet Access) Regulations 2019]
(d) a dispute involving a consumer or end-user and concerning an issue falling within the scope of the Mobile Phone Roaming Regulation [S.I. No. 315/2022 – European Communities (Mobile Telephone Roaming) Regulations, 2022],
(e) a dispute between an end-user and a provider relating to the imposition or purported imposition of a charge referred to in section 45 of the Principal Act [Communications Regulation Act, 2002],
(f) a dispute between a consumer, within the meaning of the Act of 2022 [Consumer Rights Act 2022], and a trader, within the meaning of the Act of 2022, who is also a provider, relating to Part 5 (other than sections 119, 120 and 125) of the Act of 2022, and
(g) any other disputes that relate to the supply of and access to electronic communications services, electronic communications networks and associated facilities or the transmission of such services on such networks prescribed by the Minister for the purposes of this Part. [Note: To date no such ‘other disputes’ have been prescribed]
a) the number of disputes received and the types of complaints to which they related;
2
b) any systematic or significant problems that occur frequently and lead to disputes between consumers and traders and such information may be accompanied by recommendations as to how such problems can be avoided or resolved in future, in order to raise traders’ standards and to facilitate the exchange of information and best practices;
None
c) the percentage share of ADR procedures which were discontinued and, if known, the reasons for their discontinuation;
None
d) the average time taken to resolve disputes;
60 working days
e) the rate of compliance, if known, with the outcomes of the ADR procedures; and
No reports to ComReg of non-compliance
f) cooperation of ADR entities within networks of ADR entities which facilitate the resolution of cross-border disputes, if applicable.
Information Category
Details
a) the contact details of the ADR entity, including its postal address and email address;
Dispute Resolution Team
Retail and Consumer Services Division
1 Dockland Central. Guild St. Dublin 1 D01 E4X0.
cdr@comreg.ie
b) a statement that the ADR entity is listed in accordance with Regulation 8;
ComReg is listed pursuant to Section 53 of Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 ("2023 Act")
c) a list of the natural persons in charge of ADR procedures, the method of the appointment of such persons and the length of the mandate of such persons;
Ciara Bradshaw BL was appointed as an authorised officer of the Commission for Communications Regulation to exercise the functions of the Commission for Communications Regulation pursuant to Section 47(1) of the Communications Regulation and Digital Hub Development Agency (Amendment) Act 2023 which relate to “Resolution of relevant disputes by Commission”.
d) the membership of the ADR entity in networks of ADR entities facilitating cross-border dispute resolution, if applicable;
e) the types of disputes the ADR entity is competent to deal with, including any threshold if applicable;
'Relevant Disputes' as defined by Section 40 of the 2023 Act
f) the languages in which complaints can be submitted to the ADR entity and in which the ADR procedure is conducted;
English, Irish
g) the types of rules the ADR entity may use as a basis for the dispute resolution, including legal provisions, considerations of equity and codes of conduct;
h) any preliminary requirements the parties may have to meet before an ADR procedure can be instituted, including the requirement that an attempt be made by the consumer to resolve the matter directly with the trader;
In order for an application for dispute resolution to be accepted as valid, there are a number of grounds for non-acceptance as detailed in ComReg's End-user Dispute Resolution Procedures’
i) whether or not the parties can withdraw from the procedure;
The end-user can withdraw from the formal dispute resolution process at any stage up to the time at which ComReg proposes a resolution to the dispute, by notifying ComReg in writing.
j) the costs, if any, to be borne by the parties, including any rules on awarding costs at the end of the procedure;
€15.00 application fee
The end-user is responsible for and must pay any costs incurred by them in the preparation of their case. End-users cannot take any legal action against ComReg to recover these costs.
The provider is responsible for and must pay any costs incurred in the preparation of their case. Providers cannot take any legal action against ComReg to recover these costs.
k) the average length of the ADR procedure;
In accordance with ComReg’s End-user Dispute Resolution Procedures ComReg endeavours to issue the final proposed resolution within 60-working days of the Date of Acceptance of a dispute. Achieving this timeframe is dependent on all other timeframes being met.
l) the legal effect of the outcome of the ADR procedure, including the penalties for non-compliance in the case of a decision having binding effect on the parties, if applicable;
The procedure is binding on the provider, upon acceptance of the proposed resolution by the end-user.
m) the enforceability of the ADR decision, if relevant
ComReg can serve a direction on a provider to take such measures to ensure compliance with the resolution as are specified in the direction in accordance with Section 49 of 2023 Act.
The European Commission has published a listing of dispute resolution bodies that offer out-of-court settlement procedures on its website
