super-complaint

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A super-complaint is a complaint made in the UK by a state-approved "super-complainant" or watchdog organisation on behalf of consumers, which was fast-tracked to a higher authority such as the Office of Fair Trading (prior to its dissolution on 1 April 2014). The official body now responsible for dealing with general consumer protection super-complaints is the Competition and Markets Authority (CMA).UK Legislation, [https://www.legislation.gov.uk/ukpga/2013/24/schedule/5/paragraph/64#schedule-5-paragraph-64-2 Enterprise and Regulatory Reform Act 2013, Schedule 5, Paragraph 64], accessed on 4 January 2025

A super-complaint, as defined in section 11(1) of the UK's Enterprise Act 2002, is a complaint submitted by a designated consumer body stating that "any feature, or combination of features, of a market in the UK for goods or services is or appears to be significantly harming the interests of consumers".[http://www.berr.gov.uk/whatwedo/consumers/enforcement/super-complaints/page17902.html Department for Business Enterprise & Regulatory Reform] {{Webarchive|url=https://web.archive.org/web/20081122091549/http://www.berr.gov.uk/whatwedo/consumers/enforcement/super-complaints/page17902.html |date=2008-11-22 }}

Super-complaints have also specifically been introduced for the financial markets in the UK under the aegis of the Financial Conduct Authority (FCA).{{cite web|url=http://www.huntswood.com/insights/shifting-power-fca-s-234c-super-complaints|publisher=Huntswood Ltd|title=Shifting power? FCA s.234C super-complaints|date=25 February 2014|website=Blog.huntswood.com|accessdate=15 February 2019|archive-url=https://web.archive.org/web/20160414124357/http://www.huntswood.com/insights/shifting-power-fca-s-234c-super-complaints|archive-date=14 April 2016|url-status=live}} The Financial Services and Markets Act 2000 (FSMA) provides that certain consumer bodies may complain to the FCA about features of a market for financial services in the UK that may be significantly damaging the interests of consumers. The Government first issued guidance for bodies seeking designation as super complainants and then received and ultimately approved the bodies which could make super-complaints to the FCA.{{cite web|url=https://www.gov.uk/government/publications/guidance-for-bodies-seeking-designation-as-super-complainants-to-the-financial-conduct-authority|title=Guidance for bodies seeking designation as super-complainants to the Financial Conduct Authority|website=Gov.uk|date=31 July 2013 |accessdate=15 December 2018}}

Super-complainants

Some of the super-complainants under the Office of Fair Trading scheme were:

What Car? magazine also applied, but was rejected.

The organisations which can make super-complaints to the FCA are the General Consumer Council for Northern Ireland, Citizens Advice, the Federation of Small Businesses, and Which?.

Examples

  • In December 2018, a super-complaint was made against the police forces of England and Wales on behalf of victims and witnesses of crime who had had their data secretly shared with immigration authorities.{{cite web|url=https://www.theguardian.com/uk-news/2018/dec/15/police-face-immigration-data-sharing-super-complaint|title=Police face first 'super-complaint' over immigration referrals|first=Mark Townsend Home Affairs|last=Editor|date=15 December 2018|publisher=|accessdate=15 December 2018|website=Theguardian.com}}
  • Which? raised a super-complaints in April 2015 about misleading supermarket pricing practices such as where it was difficult for customers to compare unit prices or where product sizes were reduced but the price was not changed.Which?, [https://www.which.co.uk/policy/food/388/misleading-pricing-practices-which-super-complaint Misleading pricing practices - Which? super-complaint], accessed on 4 January 2025

See also

  • {{cite web|last=TheUndisciplined|title=Is It a Bird? Is It a Plane? No, It's a Super Complaint!|url=http://theundisciplined.com/2014/05/04/is-it-a-bird-is-it-a-plane-no-its-a-super-complaint/|accessdate=2014-05-05}}
  • {{cite web|last=OFT|title=Super Complaints|url=http://www.oft.gov.uk/OFTwork/markets-work/super-complaints/#.U2evNoGSwuc|accessdate=2014-05-05}}

References

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Category:Law of the United Kingdom

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