Circular G-146-2009: Provisions on user service by supervised entities

Lima, 30 December 2009

CIRCULAR No. G - 146 - 2009
----------------------------------------------------------------- Ref.:
User Service
Department

Sir
General Manager:

Please be advised that, in exercise of the power conferred by numeral 9 of article 349 of the General Law of the Financial System and the Insurance System and Organic Law of the Superintendency of Banking and Insurance, approved by Law No. 26702 and its amendments, hereinafter the General Law, and for the purpose of promoting adequate service to users of the companies under its control, this Superintendency provides as follows:

1. Scope

The provisions of this regulation are applicable to the companies indicated in articles 16 and 17 of the General Law, to the Banco de la Nación, to the Fundación Fondo de Garantía para Préstamos a la Pequeña Industria (FOGAPI), to the Derramas and Cajas de Beneficios, and to all those that by Law are under the supervision of this Superintendency, as well as to the Private Pension Fund Administrators, by virtue of the provisions of Law No. 27328, hereinafter supervised companies.

The participating entities of the Private Pension System (SPP) shall be governed by the provisions of this circular, in accordance with the special and/or complementary provisions or rules issued by this Superintendency.

2. Definitions

For the purposes of the provisions of this Circular, consider the following definitions:

a) AFP: Private Pension Fund Administrator.

b) Inquiry: Request by a user for certain information to be provided in the event of uncertainty, lack of knowledge or doubt related to the operation, product or service offered or contracted with the supervised company.

c) Complaint: Notice or bringing to the knowledge of the Superintendency, by a user or a third party, of a fact that constitutes an alleged infringement of the rules governing the supervised company complained of.

d) Days: Calendar days.

e) PAU: User Service Platform of the Superintendency of Banking, Insurance and Private Pension Fund Administrators.

f) Claim: Communication submitted by a user through the different service channels available at the supervised entity, expressing their dissatisfaction with the service and/or product received or stating the alleged impairment of their legitimate interest. Additionally, any reiteration arising as a consequence of the user's disagreement with the response issued by the supervised company, or due to delay in handling the request, inquiry or claim, shall also be considered a claim.

g) Transparency Regulation: Regulation on transparency of information and provisions applicable to contracting with users of the financial system, approved by SBS Resolution No. 1765-2005 and its amendments.

h) Superintendency: Superintendency of Banking, Insurance and Private Pension Fund Administrators.

i) User: natural or legal person who uses or may use the products and services offered by the supervised companies indicated in the preceding paragraph.

3. Handling of Inquiries

3.1 Supervised companies must have inquiry handling manuals establishing the procedures and deadlines they undertake to comply with in order to answer, diligently and promptly, the inquiries made by users, establishing the service channels and/or responsible areas. Such manuals shall be available to the Superintendency when it requires them.

3.2 Supervised companies must have personnel trained and specialized in user service in order to handle their inquiries; such personnel must be duly identified, with their names and surnames.

4. Requests for information from governmental entities.

4.1 Supervised companies must have manuals for handling requests for information made by governmental entities, such as the Superintendency, the Congress of the Republic, INDECOPI, the Ombudsman's Office, or similar entities, by virtue of inquiries, claims and complaints that they may have received from users, establishing the service channels and procedures, as well as the corresponding service deadlines, and must keep a record of such requests. Such record must allow the generation of detailed reports of all aspects of the request. The aforementioned manuals and records shall be available to the Superintendency when it requires them.

4.2 Likewise, the same shall be done for the handling and recording of those cases received from other instances such as the Financial Customer Ombudsman, the Insured's Ombudsman, among others, in order to facilitate their proper handling.

5. Claim Handling System

5.1 Supervised companies must have an adequate claim handling system, establishing procedure manuals for the recording, follow-up and handling thereof, including presentation requirements, the various reception channels, internal handling deadlines, interaction with other areas, among other aspects. Such manuals shall be available to the Superintendency when it requires them.

5.2 Supervised companies must prepare an annual training plan for personnel responsible for handling claims and/or inquiries, regarding the topics indicated in the preceding numeral, among others determined at the company's discretion. In the case of the Financial System, the aforementioned annual training plan must observe the provisions of article 28 of the Transparency Regulation.

5.3 Supervised companies may establish different channels for receiving user claims, which must be implemented in such a way as to provide timely and efficient service through specialized personnel, both in their public service offices and by telephone, email, fax, website, among others, in accordance with the procedures approved by them, in accordance with the provisions issued by the Superintendency.

5.4 Supervised companies must record all claims made by users in a computer system that allows adequate monitoring of the service provided to them, regardless of the channel or medium used for their submission. Said record must allow the generation of detailed reports, identifying all aspects related to it.

6. Claims Service Area

6.1 For the proper functioning of the Claims Service System, supervised companies must have areas responsible for handling claims submitted by users, and must ensure compliance with the maximum period established for their resolution, as well as the quality and support of the responses provided to users.

Supervised companies must guarantee that the claims service areas have adequate human, material and technical resources to fulfill their functions. In particular, they shall take the necessary actions so that personnel have knowledge and management of the internal user service policies and procedures established by the company, in accordance with the provisions established by the Superintendency.

6.2 Companies must designate a responsible person who will be in charge of the supervision and/or coordination of the areas responsible for handling claims, and their designation must be reported to this Superintendency within fifteen (15) days after the start of the exercise of their functions, attaching updated information regarding the organization, infrastructure and policies established for the operation of the area responsible for handling claims, identifying the functions and responsibilities of each of its members.

6.3 Any substantive modification regarding the information indicated in point 6.2 must be communicated to the Superintendency within fifteen (15) days of having been made.

6.4 Supervised companies, in order to comply with the provisions established in numerals 6.2 and 6.3, must send the requested information to the area responsible for the supervision of products and services to the user, both in writing and by electronic means to the address that the Superintendency establishes for such purpose. In the case of entities participating in the Private Pension System, they must additionally send said information to the Deputy Superintendency of AFP.

6.5 The Superintendency may exceptionally allow those companies that, due to their volume of operations and size, do not require a Claims Service Area, to entrust the tasks of said specialized area to another area or officer of the company that can fulfill the purpose of the claims service system, in accordance with the current regulatory framework. Said exceptional treatment shall only be feasible after evaluation by this Superintendency, as corresponds to each case, in accordance with the request of said companies and the delivery of the information that this Superintendency requires from them for such purpose. This provision shall not apply in the case of the SPP

7. Responsible Person of the Claims Service Area

7.1 The person responsible for the claims service area shall ensure the implementation and compliance with the policies and procedures of the supervised company related to claims service, as well as compliance with this norm, and must have adequate knowledge of the topics described in numeral 5.1.

7.2 The responsible person must coordinate directly with the PAU when it concerns requirements and actions carried out by it, in response to inquiries and complaints submitted to said body by the users of the supervised companies or by third parties. Without prejudice to the foregoing, in the event that the requirements and supervision actions are carried out by other areas of the Superintendency, the responsible person must coordinate directly with those areas.

7.3 In the case of supervised companies included within the scope of application of the Transparency Regulation, the aforementioned responsible person must permanently coordinate with the User Service Officer on the aspects regulated in this circular.

8. Management Reports

8.1 The person responsible for the claims service area shall prepare quarterly reports on the evolution of claims service, indicating, at a minimum, the following aspects: the products or operations or services, as applicable, as well as the reasons for the highest number of claims, the average service time, the corrective measures adopted, the improvement opportunities detected, as well as others indicated by this Superintendency through Multiple Official Letters. Likewise, the same procedure shall be followed in the case of requests for information from governmental entities referred to in numeral 4 of this circular.

The results of said reports must be coordinated with the areas involved and brought to the attention of General Management, in order to implement the necessary corrective measures and improvements. In the case of companies under the scope of application of the Transparency Regulation, said results must also be coordinated with the User Service Officer.

8.2 In all cases, the management reports must be available to this Superintendency, with the corresponding support, and it may access the information registry system for the corresponding verifications, as well as the improvement projects implemented, which must be detailed at the request of this Oversight and Control Body.

9. Procedure for the submission, processing and resolution of claims

Submission, admission and processing.-

9.1 Users have the right to submit their claims through the channels referred to in numeral 5.3 of this circular; notwithstanding this, the supervised company may request complementary documentation or information, provided that it does not have it or cannot obtain it. In the case of the SPP, the AFPs must guide users to obtain such documentation.

9.2 At the time of submitting claims, companies must register the user's personal data and the domiciliary or electronic address to which the response communication must be sent, at the user's choice; and prepare a report that includes at minimum the information detailed in Annex No. 1 – A, B or C depending on whether it concerns the financial, insurance or SPP system. This report will be delivered to the user at the time of submitting the claim if it is made at a public service office. When the claim is submitted through channels other than in person, the manner in which the report will be delivered must be agreed with the client (through a service office, email, among others); in any case, the report must be available to the user on the same day the claim was submitted.

Additionally, on that occasion, the parties may agree on a different response mechanism, in the case of claims resolved in favor of users, such as the website, by telephone, account statements, among others. 1

[1] Numeral 9.2 amended by Circular No. G-157-2011 of 09/05/2011.

9.3 Companies may design formats other than those contemplated in the aforementioned annexes for generating the claim receipt report, provided that they include at minimum the information considered in Annex No. 1 – A, B or C, as applicable. 2

Completion.-

9.4 In the case of claims resolved in favor of the supervised companies, they must substantiate their decisions in the response communication, attaching, if applicable, a copy of the corresponding supporting document. Likewise, in said communication, the various instances to which the claimant may resort if they disagree with the outcome of the decision must be expressly mentioned, such as the Financial Customer Ombudsman, the Insurance Ombudsman, INDECOPI, the Superintendency for claims of the Private Pension Fund Administration System, as applicable.

9.5 For the purposes of this circular, a claim shall be understood to have been resolved in favor of the user when all its aspects have been addressed in favor of the user, with no remaining controversy over the facts set forth in the claim.

10. Calculation of Deadlines

10.1 Claims must be resolved within a period no greater than thirty (30) days from their submission, except for entities participating in the SPP which, for such purpose, shall have a period no greater than fifteen (15) business days.

10.2 The claims service area must ensure that claims are handled diligently and that the response is communicated to users within the periods established in the preceding numeral. Such periods may only be extended, exceptionally, provided that the nature of the claim justifies it, which must be substantiated at the request of the Superintendency, which may reject the substantiation. Such extension must be communicated to the user within the aforementioned period, explaining the reasons for the delay, in addition to specifying the estimated response period.

In the case of claims related to unrecognized credit card charges and to the extent that consultation with the corresponding operator is warranted, the period indicated in the preceding numeral may be extended, provided that the company communicates the aforementioned action to the user within said period. Notwithstanding this, this Superintendency will evaluate the actions and steps taken by companies to address such claims.

10.3 The calculation of the period for handling claims shall begin from the date of submission of the claim to the supervised companies until the date of receipt of the final response communication by the user, through the corresponding channel, in accordance with the provisions of numeral 9.2, and there must be due support in each case.

[2] Numeral 9.3 amended by Circular No. G-157-2011 of 09/05/2011.

In the case of notifications to the domiciliary address, these must be substantiated by the supervised company, and it must keep in its files the respective proof of receipt of the communications sent, which must prove the first and last names of the person receiving the communication, the type and number of their identity document and/or their relationship or kinship with the user, their signature, in addition to the date on which the notification is made. In the case of the SPP, this Superintendency may establish special provisions, specifying the applicable procedures and requirements.

If the claims are resolved in favor of the user and involve the return or delivery of a sum of money, the adoption of a measure in their favor, the calculation of the service period shall be understood to have ended on the date on which the user is able to know the measure adopted in their favor, through the agreed means in accordance with numeral 9.2, and the supervised company must keep the supporting evidence in order to provide it to the Superintendency upon request.

11. Archiving of Documentation

11.1 Companies shall implement mechanisms that allow the proper archiving of claim files and information requests from government entities, which must contain all documentation supporting the service and follow-up provided in each particular case. The conservation, maintenance and access to said documentation shall be the responsibility of the claims service area, and must be available to the Superintendency when required.

11.2 Likewise, in those cases in which the recording of inquiries is mandatory, in accordance with the current regulatory framework, companies must observe, as applicable, the provisions of numeral 11.1.

11.3 Companies may use technological tools for the archiving of documents and information, which must have the authorization of the Superintendency and contain the characteristics set forth in Legislative Decree No. 681, SBS Resolution No. 5860-2009 and related regulations on the substitution of documents.

12 Information to the User

12.1 Companies must keep available to users in all their establishments open to the public, in a visible and easily accessible place, posters and/or brochures with information on the procedures for handling inquiries and claims, clearly establishing the requirements for their processing, the maximum service periods and the channels made available to users for their corresponding reception; likewise, this information must be available on their website.

12.2 Companies must keep available to the public informative material related to the work of the Superintendency, which has been provided by it, in order to inform about its powers in handling inquiries, claims or complaints related to the services provided by the supervised companies.

13. Management Indicators

Companies must establish management indicators that constitute control mechanisms for the proper management of the User Service System, especially for handling inquiries and claims, as well as for government requests, and must be brought to the attention of this Superintendency, within the period granted for this circular to enter into force, specifying the concept of the indicator and the parameters for its recording and comparison. Any modification of said indicators must be reported to this Superintendency within fifteen (15) days of having been made.

In order to establish adequate standards for the management of the User Service System among the supervised companies, this Superintendency may designate those indicators and parameters that are relevant for said purpose, an aspect that will be brought to their attention for their respective implementation and reporting.

14. Dissemination of information on claims received through the website.

Each supervised company must disseminate, through its website, statistical information related to the claims submitted by users. The information disseminated must show the total claims handled by the company, classified by the ten (10) operations, services or products that are most frequently the subject of claims in the last quarter reported to this Superintendency, indicating the three (3) most frequent reasons for claims, distinguishing the number of claims that were resolved in favor of the user and in favor of the company, the average time for their resolution, as well as the total number of operations of the supervised company in the last quarter as indicated in Reports No. 24, No. 24-A and No. 24-B of this circular, which are presented as Annex No. 2 that forms part of this Circular.

15 Communication of Statistics

15.1 Supervised companies must report quarterly to the Superintendency, within fifteen (15) days after the close of each calendar quarter, the statistics of claims submitted by their corresponding users. Said statistics must consider information regarding the number of claims received, number of claims handled (in favor of the user and in favor of the company), average service time, the products and reasons for claims, the number of claims in process and the total number of operations of the supervised company in the last quarter.

15.2 Said statistics must be submitted to the Superintendency in printed media and via the External Capture and Validation Submodule (SUCAVE), using Reports No. 24, No. 24–A and No. 24-B presented as Annex No. 2 that forms part of this circular, as applicable. For this purpose, the code tables included as annexes to this regulation must be taken into account, which may be updated by this Superintendency through Multiple Official Letter.

15.3 In the case of supervised companies that are not required to submit through SUCAVE, the aforementioned reports must be sent via email to the address pau@sbs.gob.pe in an Excel file, in addition to the printed format.

16 Evaluation of management

16.1 The existence and proper functioning of the claims service area will be considered by this Superintendency in the evaluation of the management carried out for the supervised entities.

16.2 Likewise, the evaluation of the internal control system by the internal auditors must consider the nature and frequency of the claims submitted to the companies, the treatment given, as well as the adequate functioning of the claims attention area and procedures, among other aspects. The aforementioned evaluation must be carried out at least once a year, and must be available to the Superintendency.

17 Resolution of queries and attention of claims in a group or guild form

In addition to the provisions of numeral 5 of this circular, the supervised companies may organize themselves in a group or guild manner to resolve and attend to the queries and claims of users, a situation that must be brought to the attention of the Superintendency within a period no greater than fifteen (15) days from having decided the implementation of said system, and must inform within said period about the established attention procedures, as well as their organization and functions manuals. Said groups or guilds must communicate to this Superintendency the statistics of the claims they receive, for which purpose the Superintendency will establish by Official Letter the detail of the information to be presented.

18 Sanctions

Failure to comply with the provisions of this norm entails the application of sanctions in accordance with the provisions of the Sanctions Regulation of this Superintendency.

19 Annexes

The annexes that form part of this Circular will be published on the institutional Portal (www.sbs.gob.pe), in accordance with the provisions of Supreme Decree No. 001-2009-JUS.

20 Validity

This circular will enter into force one hundred twenty (120) days counted from the day following its publication in the Official Gazette “El Peruano”, from which date Circular No. G-110-2003 of 21 February 2003 is without effect.

In the case of the Private Pension System, an additional adaptation period of ninety (90) days is granted, counted from the entry into force of this circular. Without prejudice to the foregoing, it is established that after one hundred twenty (120) days from the publication of this norm, the entities participating in the Private Pension System must present an implementation and adaptation plan to the provisions of this norm.

Likewise, the Associations of Regional or Provincial Funds against Traffic Accidents (AFOCAT) are additionally granted an adaptation period of ninety (90) days counted from the validity of this circular.3

21 Transitory provisions

21.1 The supervised companies that at the date of publication of this norm have a claims attention area must update the information indicated in this circular, within the period granted for it to enter into force, and must send to the Superintendency, within said period, the communication referred to in numeral 6 of this norm.

21.2 In case the companies do not have a web page, they must inform this Superintendency, within the period granted for this circular to enter into force, the period in which they will proceed to its creation and implementation, in order to adequately comply with this norm.

21.3 4 In the case of AFOCAT, this Superintendency may make available to them, by Multiple Official Letter, a scheme indicating the minimum content that the manuals provided for in this circular and the procedures for attention of claims and queries must present; as well as formats for the reception and registration of claims, reports, quarterly reports, among others.

Regarding the registration of information requests from governmental entities, as well as claims, provided for in numerals 4.1 and 5.4, the AFOCAT must do it “at a minimum” or “at least” in an Excel document. In order to guarantee adequate monitoring of user claims, this Superintendency may make the clarifications and requirements it deems pertinent.

[3] Paragraph incorporated by SBS Resolution No. 150-2010 of 01.05.2010.

[4] Numeral incorporated by SBS Resolution No. 150-2010 of 01.05.2010.

Exceptionally, in accordance with the provisions of numeral 6.5, considering the current volume of operations and size of the AFOCAT, it is authorized that the functions proper to the Claims Attention Area may be entrusted by them to an official of said associations, while such circumstances subsist, so that it can comply with the purpose of the claims attention system.

FELIPE TAM FOX
Superintendent of Banking, Insurance and
Private Administrators of Pension Funds