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Consumer law: Remember who’s always right...

Legal
Opticians need to review how they deal with complaints in the light of changes to consumer law
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When disputes are brought to the Optical Consumer Complaints Service (OCCS) it is often because the customer feels that they haven’t been given a fair hearing. Many such disputes might have been resolved sooner and at less cost had the optician been more proactive in responding to the complaint.

Changes to consumer law, which came into force from October 1, mean that many opticians will need to review how they handle complaints and update their procedures accordingly. The Consumer Rights Act 2015 is applicable to opticians in several important ways, and will require them to be even more proactive in how they engage with customers, who are likely to have greater awareness of their consumer rights and expect higher levels of customer service.

Above and beyond

While the vast majority of practitioners go above and beyond the call of duty to resolve complaints quickly and effectively, the new law may require some practices to revisit their complaints policies.

One of the key changes relates to how opticians must now approach repairs. Whereas in the past opticians could attempt to repair products, opportunities to do so are now more limited, even with bespoke products, such as spectacles. Previously, opticians could repeatedly try to repair a faulty product, but under the new law, if after one repair the problem is not resolved, the customer has a right to demand a full refund. Opticians may find that the goodwill gained by offering a full refund before the customer demands one outweighs the cost of the refund over the longer term.

The other major change concerns how dispensing practices resolve complaints where a customer takes a prescription elsewhere to be dispensed and a problem then arises. The OCCS has seen a significant rise in these non-tolerance cases referred to the service over the past year. The basic consumer statutory rights allow the consumer to return a ‘defective’ product. Consumers may find themselves passed back and forth between the two practices, with both arguing the problem is the fault of the other. While understanding the challenge for the dispensing practice, guidance issued by the Optical Confederation reflects the tone of the new consumer statutory rights and advises the dispensing optician to fix the problem with a replacement or a refund, even if the prescription is incorrect. It would then be a matter for the dispensing practice to negotiate with the prescriber. Early communication between the two is vital, and the OCCS is increasingly supporting practices with these discussions.

Customer service

Many of the cases where the OCCS mediates and advises opticians on best practice involve consumer dissatisfaction with customer service, coupled with confusion about how consumer rights apply in optics.  Complaints are often escalated to the OCCS when the customer feels frustrated by a perceived lack of responsiveness on the part of the optician. Opticians can avoid this, and improve customer retention, by ensuring all members of staff are able to explain to customers how the general statutory rights apply to bespoke healthcare products such as spectacles, and having clear guidelines in place to respond to complaints. Finally, practitioners must apprise themselves of the changes to GOC standards, which come into force in April 2016, and against which they will be judged.

Jennie Jones, The Optical Consumer Complaints Service