ATVOD

What complaints does ATVOD consider?

ATVOD considers complaints against its members concerning on-demand services.

To be considered under the ATVOD complaints procedure you must have first tried to resolve your complaint with the ATVOD member directly and either it has not been resolved satisfactorily within 20 working days after you have provided the suppier with full details of the complaint, or the supplier has indicated in writing that the complaint should be settled by ATVOD.

The complaint must be about:

• the nature of the content viewed or service used
• information or guidance given about the content or service before you viewed or used it or before any commercial transaction
• billing errors
• on-screen promotional or marketing material concerning on-demand services
• the operation of access control mechanisms
• insufficient remedy offered by a member as a result of an upheld complaint

Complaints about content provided by third parties are dealt with under the procedure detailed here (link to Guidance Note 6)

The BBC is an associate member of ATVOD and complaints against BBC on-demand services can be considered only by the BBC and the BBC Trust: click here for the complaints process www.bbc.co.uk/complaints

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What complaints will ATVOD not consider?

ATVOD cannot consider complaints about the following:

• matters already being dealt with by the courts or another complaints procedure
• matters concerning the legality of content provided as part of the service
• internet access, telephone or television services which are not supplied on demand
• any decision by a member whether or not to supply any product or service and the terms under which any product or service is supplied
• the hardware (such as the set-top box) supplied by a member to a customer.

ATVOD may also decline to consider complaints:

• which, in the opinion of ATVOD, are frivolous, vexatious or which have been made persistently in the past without reasonable grounds or which contain language which is unnecessarily offensive, obscene or profane
• where insufficient information about the complaint is provided
• if first contacted about a complaint more than 90 working days after the cause of the complaint occurred
• if the complaint concerns matters which ATVOD considers would be more properly dealt with by the courts or another complaints procedure.

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How do I make a complaint?

If you have a complaint, you must first raise the complaint with the member which supplies your on-demand service. Please make your complaint within 20 working days after the problem occurred. If you contact ATVOD first, we will re-direct you to the relevant member.

To enable the member to give your complaint proper consideration, you should submit your complaint to the member giving:

• precise details of the content to which the complaint refers
• how and when the complaint arose

The member will then write to you to acknowledge receipt of the complaint and will use all reasonable endeavours to resolve the complaint within 15 working days of receipt of the complaint.

If, after having tried to resolve the complaint with the member you are not satisfied, or the member informs you in writing that it wishes the complaint to be considered by ATVOD you may contact ATVOD to allow ATVOD to consider your complaint (provided that not more than 90 working days have passed since the cause of the complaint arose).

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What will ATVOD do?

ATVOD will send you a copy of its complaints form, which you should complete, giving full details about the cause of the complaint and how and when it arose. Please return the completed complaints form to ATVOD as soon as possible, together with a copy of all correspondence and any notes you have taken between yourself and the member concerning your complaint.

ATVOD will contact the member within five working days of receiving your information to see if the complaint can be resolved without formal ATVOD intervention. If, within a further reasonable period (but not more than 30 working days), the complaint has still not been resolved to your satisfaction, ATVOD will consider the complaint.

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How does ATVOD consider complaints?

Complaints considered by ATVOD are decided by the ATVOD board of directors. The board may delegate the consideration and determination of the complaint to the adjudication committee, a sub-committee of the board. Any director of ATVOD who represents a member subject to the complaint is excluded from any consideration or determination of that complaint.

ATVOD will reach a decision on a complaint within six weeks of accepting it for consideration, and will notify its decision to you and the member in writing. The customer and the member will each have the right to appeal against ATVOD’s decision to the ATVOD independent appeals adjudicator. Unless either you or the member decides to appeal against the decision within one calendar month of notification, ATVOD’s decision will be binding. On the expiry of that time period, ATVOD will treat the complaint as closed and may decline to enter into any further correspondence or communication concerning the complaint in question.

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What action will ATVOD take as a result of my complaint?

Where ATVOD upholds a complaint against a member, it may:

• require the member to remedy the cause of the complaint; and/or
• require an assurance from the member regarding its future behaviour; and/or
• require the member to reimburse you any service charges which you have paid in connection with the matter giving rise to the complaint; and/or
• require the member to reimburse ATVOD any reasonable amount in respect of administration charges incurred by ATVOD in determining the complaint;

and/or

• warn the member about the consequence of any further infringement; and/or
• fine the member; and/or
• publicise its decision and the identity of the member concerned; and/or
• suspend the member from ATVOD.

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What do I do if I feel that ATVOD's decision is incorrect?

If you or a member feels that any decision of ATVOD is incorrect or is based on an error of fact or that the remedy for an upheld complaint is inadequate, inconsistent or otherwise inappropriate, then you or the member may appeal against the decision to the ATVOD independent appeals adjudicator.

Any appeal must be lodged in writing with ATVOD within one calendar month after the decision has been notified and must state clearly why you are dissatisfied with the decision. The independent appeals adjudicator will endeavour to reach a decision on the appeal within six weeks and will notify you and the member of its decision in writing.

The independent appeals adjudicator may uphold, vary or rescind the ATVOD decision in whole or in part and may replace any of ATVOD’s findings with his own findings.

The decision of the independent appeals adjudicator is final and binding. Following the decision of the independent appeals adjudicator, ATVOD will treat the complaint as closed and may decline to enter into any further correspondence or communication concerning the dispute in question.

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Who are ATVOD’s members?

See our members

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What are my legal rights?

Using the ATVOD complaints procedure does not detract from or prejudice any of your legal rights.

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Who is the independent complaints adjudicator?

The independent complaints adjudicator is Professor John Bridgeman CBE TD DL, Bsc, CIMgt, FRSA

He was appointed the first independent complaints adjudicator for ATVOD in September 2007. He is also the independent appeals commissioner of the Direct Marketing Authority, chairman of the British Waterways Board’s Fair Trading Committee and a member of its Audit committee, chairman of the Audit and Standards Committees of Warwickshire County Council and the Warwickshire Police Authority and a director and chairman of the Regulatory Committee of the British Horseracing Authority.

John works internationally as an independent consultant in corporate governance, business strategy, competition policy and consumer affairs and is visiting professor in management at the Universities of Keele and Surrey. He served for six years as a part time member of the Monopolies and Mergers Commission and went on to complete a five year term as Director General of Fair Trading from 1995 to 2000. He is also is a vice-president of the Trading Standards Institute and an honorary fellow of the Institute of Consumer Affairs. For many years he sat on the advisory board of the Consumer Policy Institute.

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