NASSAU, BAHAMAS — The Utilities Regulation and Competition Authority (URCA) has published revised consumer protection regulations for the electronic communications sector, emphasizing the need for service providers to prominently display "service arrangements, rates, and terms" on their websites and ensure timely updates coinciding with service launches or changes.
URCA has decided to extend the implementation timeline for service providers to comply with the updated Regulations to six months from the publication date. The original Consumer Protection Regulations were introduced in December 2013 and revised in February of this year.
Revisions to the regulations emphasize the need for service providers to display service arrangements, including rates and terms, clearly and prominently on their websites and ensure timely updates coinciding with service launches or changes. Service providers must now articulate policies for 'unlimited' services and acceptable use clearly, ensuring consumers are fully informed of any service limitations.
According to the regulations: "A Service Provider must ensure that the current service arrangements including rates and terms and conditions displayed on its website are easily accessible. For the avoidance of doubt, the information should not appear on orphan web pages, be available only in fine print, or be located in obscure sections of the Service Provider's website. This requirement applies to both permanent offers and Special Promotions."
The regulations also require that a "Service Provider must ensure that all service arrangements including rates and terms and conditions are updated on its website no later than the effective date of the launch of the service or the effective date of the changes to the price and/or terms and conditions. This requirement applies to both permanent offers and Special Promotions."
Where a Service Provider indicates that an aspect of a Service is 'unlimited' or subject to an 'acceptable' or 'fair' level of use by the Consumer, the Service Provider "shall out an unambiguous, transparent policy for dealing with customer usage above any set thresholds. The policy should set out the rules for contract termination, including penalties, the charges or rates that shall apply for any use over the threshold/limit, and the policy regarding the migration of the customer to other packages, if applicable."
Where a Service Provider indicates on its website that an aspect of a Service is 'unlimited', the Service Provider must disclose the limits and/or restrictions that apply to the Service on the same webpage where the 'unlimited' claim is made. Furthermore, the disclosure should not be hidden in fine print or located in obscure sections of the Service Provider's website.
According to the regulations, where savings or discounts are applicable, a Service Provider must inform the Consumer of such savings and indicate any conditions that may apply to qualify for those savings, such as what Products and/or Services the Consumer must acquire to be eligible for a particular saving, before entering into a contract.
The timeline for resolving consumer complaints has been reduced from 30 to 20 business days, aligning with international best practices and aiming for quicker redressal of consumer grievances. Service providers are required to notify consumers of planned or unplanned disruptions with detailed information, including expected restoration times, through a minimum of three mainstream communication channels. Service providers are required to receive permission from a customer before sending text messages containing advertisements.
Click here to read more on the Eye Witness News website
