Home • Blog • Blog for entrepreneurs • The book of complaints has been cancelled: working with complaints in 2021
The complaint book has been canceled since the beginning of 2021. Already on January 1, changes to the rules of retail sales began to take effect. One of the innovations was the abolition of the book of complaints and suggestions for consumers. From now on, retail outlets are not required to have a complaint book. Accordingly, the presentation of this book at the request of the client now remains at the discretion of the owner. However, the legislation has not proposed a similar replacement for the complaint book, so the issue of working with consumer complaints remains open. Moreover, according to the new rules on trade, if a consumer makes a complaint about a store, management is obliged to respond to it. So how will claims from citizens be processed now, and what alternatives are there to the complaint book? In this article we will try to understand all the issues related to the cancellation of the complaint book in 2021.
In what areas has the complaint book been canceled since 2021, and in what areas has it not?
So, let's take a closer look at who is not required to have a complaint book behind their counter. According to the new legislation, such a book may not be available in retail stores, namely online and offline stores.
Note!
If you are the owner of a restaurant business, beauty salons, dry cleaners, travel agencies or other types of business providing any services, then you must leave a book of complaints and suggestions.
Indeed, according to the law, organizations that provide services to consumers are required to have a complaint book. If your business does not fall under the category of retail stores, then do not rush to get upset, because maintaining a complaint book in general is not a very difficult process. There are no special criteria for maintaining complaint books. It is enough that it is at your counter and can be given to the buyer if necessary. Even the form of the book can be chosen independently: you can take a regular notebook or purchase a special notebook for complaints. Often, for convenience, owners set up a consumer corner, and the complaint book is located there.
It is worth noting that for the absence of a guest book, owners are subject to a fine (according to Article 14.4 of the Administrative Code). Namely:
- For individual entrepreneurs, the fine ranges from 10,000 to 20,000 rubles;
- For legal entities, the fine will range from 20,000 to 30,000 rubles.
The response to an entry from the complaint book depends on the nature of the entry in the book. For example, if a consumer in his post expresses gratitude to an employee or organization, or suggests various activities for development, then he may not give feedback, but simply take note. Most often, organizations leave short responses to comments and suggestions when checking the guest book daily. For example, “Thank you for your feedback, we will take note and take it into account!” This is done to avoid problems during inspection by the relevant authorities.
Difficulties arise when a book contains negative reviews containing various requirements from consumers. For example, a person may demand a refund of the cost of a product or service. Such records may be regarded by inspection authorities as claims, which means that this type of record requires a mandatory decision and response. In addition, the law establishes a special period for solving the problem, after which a fine will be imposed.
Response to complaint
You must respond to an entry in the book. First, the employee whose actions gave rise to the complaint must immediately notify the manager about it and write an explanation of the content of the complaint. The manager must review the visitor’s entry within 2 days, understand the essence of the issue, take the necessary measures to eliminate shortcomings and implement acceptable proposals.
A note about the measures taken must be made on the back of the entry in the consumer’s book, who must also respond in writing within 5 days to the address indicated in his entry (of course, if it is there). If this number of days is not enough to take action, then the head of the pharmacy determines another period - but no more than 15 days - about which he makes a note in the book.
The concept of a complaint and how to respond to it
Regardless of whether the book of complaints and suggestions has been canceled or not, the consumer has the right to send a complaint to the owner. A claim can be statements, demands, complaints. However, in essence, the consumer simply wants something from you and believes that he can legally demand it. For example, a person may demand a refund of the amount of money paid if the product turned out to be of poor quality. Or demand a replacement of a product or service if it does not correspond to the configuration or is of poor quality.
If the consumer makes mistakes when drawing up a complaint (incorrect formatting, errors in the name of the company), the judicial authorities can also recognize the completed claim as valid. The main factor is the presence in the complaint of a requirement that does not need to be justified by regulations.
Thus, if your company has received any, complaints and their contents must be dealt with as quickly as possible. If the consumer is right, all his demands must be satisfied. And in case of incorrectness, it will be necessary to draw up a response to the claim, preferably taking into account the legal justification for the refusal. If the company ignores the complaint or wrongfully refuses to comply with the requirements, the judge may impose a fine, referring to Article 13 of the Consumer Protection Law, which is:
Half of the amount requested by the consumer. This means that if the plaintiff demanded 30,000 rubles, then when a fine is imposed, the company will pay them plus 15,000 on top towards the fine.
Book of reviews and suggestions canceled
From January 1, 2021, as part of the “regulatory guillotine,” the rules for the sale of goods under a retail purchase and sale agreement were updated, removing the clause on the complaint book from the list of responsibilities of retail outlets. For catering, this requirement remains the same.
General retail rules
Now sellers are not obliged to:
- maintain a book of reviews and suggestions and provide it upon the buyer’s request;
- load large goods onto the consumer’s vehicle free of charge when delivered by the consumer;
- provide the consumer with product accompanying documentation upon his request.
The list of durable goods has been expanded, which are not subject to the seller’s obligation to provide the buyer with an analogue or replacement free of charge during the repair period. Jewelry and gas and gas-electric household appliances were added to the list of such goods.
It was stipulated that the seller does not have the right to prevent the consumer from taking photographs of the goods at retail facilities. The exception is places that are not intended for free access by consumers.
New rules for distance selling
Consumers will be able to return technically sophisticated household goods, vehicles and jewelry that they purchased remotely. You can return goods even if they are of proper quality.
The seller is obliged to deliver the goods to the address indicated by the consumer when ordering. The product purchased remotely can be received either by the consumer himself or by another person who has information about the order number or other confirmation of the order.
New rules for peddling trade
Allowed to peddle:
- food products in consumer packaging;
- copies of audiovisual works and phonograms;
- computer programs.
The seller's obligation to have a price list and hand over a sales receipt to the consumer is excluded.
Decree of the Government of the Russian Federation of December 31, 2020 No. 2463 “On approval of the Rules for the sale of goods under a retail purchase and sale agreement, a list of durable goods that are not subject to the consumer’s requirement to provide him with free goods that have the same basic consumer properties for the period of repair or replacement of such goods, and a list of non-food products of adequate quality that are not subject to exchange, as well as amendments to certain acts of the Government of the Russian Federation"
Contacts on social networks or by email
Pre-trial claims are included in the list of legally significant communications that cannot be ignored by companies. This means that they fall under paragraph 65 of the Resolution of the Plenum of the RF Armed Forces. According to this clause, legally significant messages can be sent to companies' emails or through other types of communication, unless this is prohibited by law or specified in the contract. The main thing is the ability to reliably identify the sender and addressee of the claim.
Simply put, if there are no prohibitions in the contract on the use of email, instant messengers or SMS services of the company (if they are publicly available), the buyer has the right to submit claims in any available way. If submitted claims are ignored, the company will be fined.
However, despite the abolition of the complaint book in 2021, many companies have no plans to abandon them. Although some note that consumers themselves rarely take advantage of the opportunity to write reviews in books. Increasingly, people are using other available ways to get the information they need: feedback on websites, online support chats, and company contact centers. In addition, Internet users often write reviews on various websites and social networks.
Responses to complaints from the complaint book
The basic rule for responding to a complaint sent to a company is to analyze the problem at the legislative level. After all, when submitting a claim, the consumer refers to the law, according to which he has the right to sue the company. Thus:
- 1. If the consumer is right, it is necessary to immediately satisfy his demands, for example, exchange the purchase, issue a refund, provide repair services.
- 2. In case of a consumer error, it is necessary to justify the refusal to comply with the requirements and explain what the error is. It is best to justify the refusal at the legislative level: in this way the reason for the refusal will be clearer to the consumer and perhaps he will reconsider his arguments.
The deadlines prescribed by law for a company to respond depend on the composition of the claim. They can be found in the article “Consumer Protection Law”. For example, the most popular reasons for filing claims:
Refund for the purchase of an item that does not fit - the buyer can return the item to a retail store within 14 days, and to an online store within 7 days. The company must issue refunds within three days in a brick-and-mortar store and within 10 days online.
Refund if you purchase a defective product. Claims for repairs or compensation for defective goods are also taken into account here. The seller is given 10 days to determine the reasons for the poor quality and resolve the problem. This time is enough to conduct examinations.
Exchange of low-quality goods. In this case, the purchase must be exchanged within a maximum of 7 days. However, if an examination is necessary, the period is extended to 20 days. And if the product is out of stock, the company has a month to deliver the product.
Warranty repair of goods. The repair period for low-quality goods should not exceed 45 days. This period also includes the time spent on the examination.
Refund of prepayment. When a company cannot deliver a paid product on time, the consumer may request a refund of the prepayment. In addition, he has the right to demand payment of a penalty from the company, which is 0.5% of the prepayment for each day of delay. Such a claim must be satisfied within 10 days.
The book of complaints can no longer be issued: new retail trade rules have come into force
Tatyana Shchipanova: “Previously, retail sales were regulated by a large package of regulations.
Now, instead of them, uniform rules have been approved. They are aimed at protecting the rights of buyers and simplifying the sales process." Photo: Kontur THE ERA OF THE BOOK OF COMPLAINTS IS OVER
Why are new rules needed? A process of “regulatory guillotine” is underway in Russia. They are revising the old regulations, canceling irrelevant requirements and introducing additional ones taking into account modern realities. Previously, retail sales were regulated by a large package of regulations. Now, instead of them, uniform rules have been approved. They are aimed at protecting the rights of buyers and simplifying the sales process. The rules will be in force for 7 years, until January 1, 2027.
What is important for buyers to know? The ban on photography and video shooting in the trading floor is illegal. Customers have the right to receive information about the product they are interested in from any sources. The store cannot establish such a ban by internal rules, and sellers should not interfere with filming, including violations.
What is important for sellers to know? The era of “Give me a book of complaints” has ended. Now the store is not obliged to provide customers with a book of complaints and suggestions upon first request. According to the Ministry of Industry and Trade, appeals via the Internet are now more effective and widespread: on the company’s website or on social networks.
The sellers were also released from other obligations. Previously, they were required to help free of charge in loading large purchases into the buyer’s car. Now there is no such requirement. The changes also affected the jewelry sector - when purchasing products, you no longer need to issue a sales receipt.
The requirement to ensure the exchange of technically complex household goods that have a warranty of 12 months or more has also been abolished. However, the provision of replacement durable goods during repairs is still in effect. However, the list of goods for which the store is obliged to provide an analogue or replacement has been narrowed. Now there are no gas and gas-electric household appliances for cooking, products made of precious metals and precious stones.
The “regulatory guillotine” did not affect the obligation to use an online cash register and many other requirements for retail, catering and service industries Photo: Kontur
WHAT HAS CHANGED AND WHO IS NOT AFFECTED BY THE “REGULATORY GUILLOTINE”
New requirements. All written complaints from buyers must be responded to. However, there is no deadline for a response. Rospotrebnadzor recommends focusing on the provisions of the Law “On Protection of Consumer Rights” and Art. 314 Civil Code of the Russian Federation. Returns of low-quality goods are at the expense of the seller. And products of appropriate quality - in some cases at the expense of the buyer, this may be reflected in the contract. The requirement to use cash registers remains in effect. However, if the cash receipt contains little information about the purchase, the client has the right to ask for a sales receipt. It is important that the documents make it possible to determine where, when, from whom and at what price the goods were purchased.
Online stores. After the buyer places an order on the store’s website, the seller is obliged to: send him confirmation of the conclusion of the retail purchase and sale agreement; inform about how to submit claims. If this is done, the buyer has the right to complain in any way.
When delivering, you no longer need to identify the recipient. It is enough to give the order number, and the courier is obliged to deliver it. The exception is expensive goods, for which the store has the right to set its own requirements. In addition, we clarified the procedure for returning complex household appliances and jewelry purchased from an online store. They can be returned only if their consumer properties and presentation are preserved, and the client can prove the fact and terms of purchase.
Vending. Owners of vending machines are required to inform customers:
— About the seller’s data (name, location and address, operating hours, etc.).
— About the rules for using the machine.
— About the procedure for returning money in case of a technical failure.
New SanPiN for grocery stores. Another important regulatory act that came into force on January 1, 2021 is sanitary standards for premises and markets where products are sold (Resolution of the Chief State Sanitary Doctor of the Russian Federation dated November 20, 2021 No. 36).
In particular, it is necessary:
— Take into account the proximity of the products so that the smells of the products do not mix.
— Observe the conditions specified by manufacturers for storing vegetables and root vegetables, chilled and frozen fish.
— Take sweet products with cream only in packaged form.
— Store bread and various bakery products only on shelves. Frozen meat should also be kept exclusively on racks or pallets.
— Store semi-finished meat products, offal, chilled and frozen poultry in transport containers.
— Freeze only drinking water to obtain ice for cooking and cooling food.
Much remains in effect. O did not touch upon the obligation to use an online cash register and many other requirements for retail, catering and service industries. For example, grocery stores still need to display dairy products so that customers understand which products contain milk fat substitutes and which do not (Order of Rospotrebnadzor dated June 18, 2021 No. 368).
The requirement to provide visitors with all information about prices remains in force (Article 10 of the Law “On Protection of Consumer Rights”). If it is not possible to use price tags, you can print a price list and place it in a place accessible to the client. For example, tobacco products need to be supplied with such a price list, because they are placed in closed display cases, for which price tags are not suitable.
Of course, requirements for the sale of controlled goods continue to apply. Retail and public catering are required to report on alcoholic beverages to the Unified State Automated Information System (USAIS) and FSRAR. Enterprises must confirm acceptance of products of animal origin in FSIS "Mercury" by canceling veterinary documents. And the acceptance and sale of labeled goods must be reflected in the “Honest ZNAK” monitoring system.
Conclusion
It is impossible to say exactly why the book of complaints and suggestions only for retail companies was canceled. However, all other businesses are required to have it in stock, since failure to do so can result in a fine of up to 30,000 rubles. Companies don't have to respond to every entry in the book; positive reviews can be left unanswered. At the same time, regardless of the presence of a book of complaints, companies are obliged to respond to pre-trial claims of consumers, and, if correct, satisfy the requirements within the time period specified by law, so as not to receive a fine.
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Antediluvian instructions
I am sure that readers have already noticed that the title of the book indicated in the Resolution does not contain the word “complaint”. So why is it usually called plaintive? The fact is that in the normative act regulating the procedure for maintaining and functioning of this book, it is called the “book of complaints and suggestions.”
The fact is that this act, called “Instructions on the Book of Complaints and Suggestions
in retail trade and public catering enterprises”, adopted in antediluvian times. This is Order No. 346 of the Ministry of Trade of the RSFSR dated September 28, 1973. Formally, it has not yet lost force, although the content of some provisions is currently impossible to implement.
For example, the appendix to the Instructions contains a sample of how the Book of Complaints and Suggestions should be drawn up and by whom it should be published. However, the Soviet body called Glavsnab of the Ministry of Trade of the RSFSR, which was entrusted with the production of a book of the established form by this order, has not existed for a long time, and its functions have not been transferred to anyone. Therefore, bringing an organization or individual entrepreneur to administrative liability for the fact that a book is “wrongly formatted” is hardly possible.
According to paragraph 2 of the Instructions, the Book of Complaints and Suggestions must be located in the sales area, in a visible and accessible place for visitors. Responsibility for its failure to provide the consumer is provided for in paragraph 3 “Failure to provide the consumer with benefits and advantages established by law” of Article 14.8 of the Code of Administrative Offenses of the Russian Federation “Violation of other consumer rights”: for legal entities - from 5,000 to 10,000 rubles.
, for officials - from 500 to 1000 rubles.
