What are client rights and responsibilities in health and counseling services? How are they defined and what do they entail? Get a detailed answer to these questions and more.

Understanding Client Rights

Client rights refer to the fundamental entitlements and protections that individuals have when seeking or receiving professional services, particularly in the fields of healthcare and counseling. These rights are designed to ensure that clients are treated with respect, dignity, and fairness, and that their needs and preferences are prioritized throughout the service delivery process.

Key Elements of Client Rights

Client rights typically encompass a range of important elements, including:

• Informed Consent: Clients have the right to be fully informed about the nature of the services they are receiving, the potential risks and benefits, and to provide their voluntary consent before any treatment or intervention is initiated.
• Confidentiality and Privacy: Clients have the right to have their personal information and communications kept strictly confidential, with limited exceptions for situations where disclosure is legally required or necessary to protect the client or others from harm.
• Autonomy and Self-Determination: Clients have the right to make informed decisions about their own care and to have their preferences and choices respected, within the bounds of ethical and professional standards.
• Access to Information: Clients have the right to access their own records and to receive clear and comprehensive information about their diagnosis, treatment options, and expected outcomes.
• Nondiscrimination: Clients have the right to be treated without discrimination based on factors such as race, ethnicity, gender, age, disability, or socioeconomic status.
• Grievance and Complaint Procedures: Clients have the right to file complaints or grievances about the quality of care they have received and to have those concerns addressed in a fair and timely manner.

Client Responsibilities

In addition to their rights, clients also have certain responsibilities when seeking or receiving professional services. These responsibilities include:

1. Providing Accurate Information: Clients are responsible for providing accurate and complete information about their medical and personal history, as well as any changes in their condition or circumstances that may affect their care.
2. Following Treatment Recommendations: Clients are responsible for actively participating in their care and following the treatment recommendations provided by their healthcare or counseling providers, to the best of their ability.
3. Respecting Professional Boundaries: Clients are responsible for respecting the professional boundaries and ethical standards that govern the relationship between themselves and their service providers.
4. Communicating Concerns: Clients are responsible for communicating any questions, concerns, or feedback they have about their care or treatment to their service providers in a timely and constructive manner.
5. Making Timely Payments: Clients are responsible for making timely payments for the services they receive, in accordance with the terms and conditions of their service agreement or insurance coverage.

Importance of Client Rights and Responsibilities

The effective implementation and protection of client rights is essential for ensuring that individuals receive high-quality, compassionate, and ethical care. By understanding and fulfilling their responsibilities, clients can also contribute to the success of their own treatment and the overall functioning of the healthcare or counseling system.

Challenges and Considerations

While the principles of client rights and responsibilities are well-established, there can be complex situations and gray areas that require careful consideration and balancing of competing priorities. Some key challenges and considerations include:

• Confidentiality and Duty to Warn: In certain situations, service providers may have a legal or ethical obligation to breach client confidentiality in order to protect the client or others from harm.
• Cultural and Linguistic Barriers: Clients from diverse cultural and linguistic backgrounds may have different expectations and needs, which can require specialized accommodations and tailored approaches to ensure their rights are upheld.
• Capacity and Competence: In cases where a client’s mental or cognitive capacity is impaired, determining the appropriate balance of rights and responsibilities can be particularly challenging.
• Resource Constraints: In some healthcare and counseling settings, resource limitations may make it difficult to fully implement all client rights, requiring careful prioritization and compromise.

Conclusion

Client rights and responsibilities are fundamental to the provision of high-quality, ethical, and compassionate professional services in the fields of healthcare and counseling. By understanding and upholding these principles, service providers and clients can work together to ensure that the needs and preferences of individuals are prioritized and that the overall system functions effectively and equitably.

CLIENT RIGHTS Definition | Law Insider

• means any right or combination of rights reserved by a declarant in the declaration to:

• means software that allows a Device to access or utilize the services or functionality provided by the Server Software.

• means the proprietary technology of Customer and its licensors, including Customer’s Internet operations design, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, objects and documentation (both printed and electronic), know-how, trade secrets and any related intellectual property rights throughout the world and also including any derivatives, improvements, enhancements or extensions of Customer Technology conceived, reduced to practice, or developed by Customer during the term of a SOW. “CenturyLink Technology” means the proprietary technology of CenturyLink and its licensors, including services, software tools, hardware designs, algorithms, software (in source and object forms), user interface designs, architecture, class libraries, report formats, objects and documentation (both printed and electronic), network designs, know-how, trade secrets and any related intellectual property rights throughout the world and also including any derivatives, improvements, enhancements or extensions of CenturyLink Technology conceived, reduced to practice, or developed during the term of a SOW.

• means all Technology used in or necessary for the conduct of the business of the Company or any of its Subsidiaries, or owned or held for use by the Company or any of its Subsidiaries.

• means any intellectual property owned by Contractor and developed independently from the Services.

• means all Software, data, know-how, ideas, methodologies, specifications, and other technology in which Contractor owns such Intellectual Property Rights as are necessary for Contractor to grant the rights and licenses set forth in Section 14.1, and for the State (including its licensees, successors and assigns) to exercise such rights and licenses, without violating any right of any Third Party or any Law or incurring any payment obligation to any Third Party. Background Technology must: (a) be identified as Background Technology in the Statement of Work; and (b) have been developed or otherwise acquired by Contractor prior to the date of the Statement of Work, or have been developed by Contractor outside of its performance under the Statement of Work. Background Technology will also include any general consulting tool or methodology created by Contractor, which will not be required to be identified in the Statement of Work.

• means any Intellectual Property Rights of either Buyer or Seller relating to the goods or services contracted (i) existing prior to the effective date of this Contract or prior to the date Buyer and Seller began any technical cooperation relating to the goods or services contracted, whichever is earlier, or (ii) that each party acquires or develops after these dates but in a strictly independent manner and entirely outside of any work conducted under this Contract.

• means all Intellectual Property developed by either Party pursuant to this Agreement;

• means the technical innovations that are unique and legally owned or licensed by a business and includes, without limitation, those innovations that are patented, patent pending, a subject of trade secrets, or copyrighted.

• means software which is proprietary to any third party (other than an Affiliate of the Contractor) which is or will be used by the Contractor for the purposes of providing the Services.

• means software specifically designed for the Principal under the Contract. Depending how advanced its development is, it may be either a Product or a Service or both.

• means all Intellectual Property introduced and required by either Party to give effect to their obligations under this Agreement owned in whole or in part by or licensed to either Party or their affiliates prior to the Commencement Date or developed after the Commencement Date otherwise pursuant to this Agreement;

• shall have the meaning set forth in Section 6.11.

• means [all works and materials supplied by or on behalf of the Client to the Consultant for incorporation into the Deliverables or for some other use in connection with the Services];

• means all Intellectual Property that is licensed to the Company by any third party.

• means software which is proprietary to the Contractor, including software which is or will be used by the Contractor for the purposes of providing the Services.

• means any and all Intellectual Property Rights owned by a Third Party and licensed or sublicensed to the Company or any of its Subsidiaries or for which the Company or any of its Subsidiaries has obtained a covenant not to be sued.

• means rights other than copyright resulting from Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databases, as amended and/or succeeded, as well as other essentially equivalent rights anywhere in the world.

• means any pre-existing works in which the Intellectual Property Rights are owned by either Party, which have been prepared by that Party outside the scope of this Agreement or which were licensed from a third party by that Party.”

• means all Intellectual Property and products owned by third parties and licensed pursuant to Third Party Licenses.

• means licenses from third parties governing third party software embedded or used in the trading platform.

• means any intellectual property and Intellectual Property Rights existing before the date of the Acceptance, and any Intellectual Property Rights generated after the date of Acceptance but outside the scope of these Terms;

• means any patent rights, copyrights, trade secrets, trade names, service marks, trademarks, trade dress, moral rights, know-how and any other similar rights or intangible assets to which rights of ownership accrue, and all registrations, applications, disclosures, renewals, extensions, continuations, or reissues of the foregoing now or hereafter in force.

• means the documents and information provided by the Program Administrator specifying the qualifying EEMs, technology requirements, costs and other Program requirements, which include, without limitation, program guidelines and requirements, application forms and approval letters.

• means any Intellectual Property Rights (other than Project IPR) belonging to either party before the Commencement Date or not created in the course of or in connection with the Project;

• has the meaning set forth in Section 3.12(a).

Client Rights

The Supreme Court presented a new review of practice in consumer protection cases

The experts also drew attention to the relationship between the consumer and the executor in the implementation of marketing programs. So, one of them pointed out that loyalty programs, bonus programs are the norm of today’s trade, their goal is simple – to support consumer activity. Another stressed that the highest authorities are concerned about the non-transparency of the conditions of marketing programs, and the initiative of the RF Armed Forces to apply the provisions of the Consumer Rights Protection Law to these programs, in her opinion, is very timely and correct.

The Supreme Court of the Russian Federation has published a review of judicial practice in consumer protection cases, approved by the Presidium of the Supreme Court on October 19. The Review includes 18 legal positions, of which 11 positions are on consumer protection disputes related to the sale of goods, performance of work (rendering of services), and 7 positions are on disputes between consumers of financial services and financial institutions.

Resolution of disputes related to the sale of goods, performance of work (rendering of services)

In paragraph 1 of the Review, it is indicated that, established in paragraph 2 of Art. 10 of the Law on the Protection of Consumer Rights, the list of information that the seller is obliged to provide the consumer in a timely manner for the correct choice of goods is not exhaustive. The Supreme Court noted that this rule does not exempt the seller from providing other information if it matters for the consumer’s choice. It is also emphasized that since the presence of a pledge of goods is essential for the buyer, information about this also applies to information about the goods that the seller is obliged to provide to the consumer in a timely manner (Determination of January 25, 2022 No. 49-KG21-41-K6).

Irina Kosenko, lawyer at Eklex Law Firm, believes that this legal position draws the attention of the courts to the fact that when considering such disputes, it is necessary to more carefully examine the information about goods that sellers are required to provide to consumers, not limited to the list specified in the law. In each specific dispute, it will be necessary to individually approach the consideration of a particular product in order to determine what kind of information could be important for the consumer, the expert explained.

Lawyer of the Presidential Administration of the Moscow Region Tatyana Sayapina
believes that the case under consideration concerns, first of all, the real estate sector, for which the seller must provide the USRN extract to the buyer. “As for movable things, for example, when selling a car, the buyer must find out that the car is not encumbered, otherwise there will be significant problems with proving the good faith of the acquisition,” the expert explained.

Based on paragraph 2, the manufacturer of low-quality goods is obliged to compensate the consumer for losses in full, including interest paid to the bank under a consumer loan agreement for the targeted purchase of such goods. The Judicial Board explained that by transferring to the seller the amount of the loan received for the purpose of purchasing goods of inadequate quality, the consumer is actually deprived of the opportunity to use both the loan amount, for which he paid the bank in the form of interest, and the goods purchased using these funds . It follows from this that the interest paid to the bank under the consumer loan agreement is the consumer’s losses (actual damage), the responsibility for compensation of which lies with the manufacturer of low-quality goods (Determination of January 18, 2022 No. 46-KG21-37-K6).

As noted in clause 3, in the event that the buyer refuses goods of good quality purchased remotely, it is legally significant to clarify the circumstances of the buyer’s compliance with the statutory deadlines for refusing the goods, providing the seller with the opportunity to check the returned goods for the safety of its presentation, consumer properties, including its quantity (volume), as well as the performance of actions to transfer this product to the seller. The Supreme Court drew attention to the fact that the Consumer Rights Protection Law does not provide for the seller’s liability in the form of a forfeit for violation of the terms for the return of funds for goods of good quality purchased remotely (Determination of January 25, 2022 No. 49-KG21-34-K6).

Irina Kosenko pointed out that nowadays people are increasingly using the services of online stores and deliveries, choosing the goods they need and like remotely. “At the same time, situations often arise in which we have to refuse a product, even of good quality, if after receiving and inspecting it we did not like it or did not fit. The Consumer Rights Protection Law provides for the buyer’s ability to refuse goods of good quality purchased remotely within seven days from the date of receipt of the goods,” she explained.

The expert emphasized that, according to the position of the Supreme Court, the buyer must transfer the goods to the seller in the same condition in which it was at the time of its transfer to the buyer. At the same time, the seller, within ten days from the date of presentation by the consumer of such a demand, is obliged to return to him the amount of money paid under the contract, minus his expenses for the delivery of the goods returned from the consumer, she added.

She also noted that many disputes on consumer protection boil down to the fact that the consumer in court always demands a penalty from the seller for late return of funds and, accordingly, for violation of the statutory deadline. In the case of the sale of goods by remote means, the seller also has a deadline for the return of funds for goods of good quality – 10 days from the date the consumer makes the relevant request.

“The Armed Forces in this matter, in some part, “untied the hands of the sellers”, indicating that, even in the event of non-compliance with the ten-day period for the return of funds provided by law, he is not threatened with the accrual of a penalty provided for in paragraph 1 of Art. 23 of the Consumer Protection Act. It seems that this conclusion of the Court, on the one hand, protects sellers from the so-called “consumer extremism”, thereby protecting their rights, but on the other hand, it allows sellers not to comply with the deadlines for the return of funds without fear of any sanctions for such behavior. It will be possible to see how seriously this will affect further disputes and judicial practice in consumer protection cases,” commented Irina Kosenko.

Yaroslav Samorodov, Senior Partner at Yablokov & Partners
noted that the remote sale of goods is today the norm of life, which was only just talked about a few years ago. The expert stressed that it is not always convenient or appropriate to check the goods at the point of receipt or with the courier. “It is for this that the norm on unconditional return within seven days was introduced. It is logical that the product should not be in use and should retain its presentation, packaging, if it is planned to be returned. After all, only in this way can such a product be sold in the future. The unconditional return of what is bought remotely (from pictures, samples) does not at all imply poor quality. The purchase may not be visually satisfactory, not suitable in terms of shade and in general in terms of sensation. And this should not be confused with the return of low-quality goods, and even more so to award various penalties – this is what this paragraph of the review is about, ”explained Yaroslav Samorodov.

In paragraph 4 of the Review, the Court emphasized that the relationship between the consumer and the contractor for the implementation of marketing programs and other ways to promote services may be subject to the provisions of the Consumer Protection Law. The court recalled that a proposal containing all the essential terms of the contract, from which the will of the person making the offer is seen to conclude a contract on the conditions specified in the proposal with anyone who responds, is recognized as an offer (public offer).

The Supreme Court considered that the rules of the defendant’s bonus program are a public offer addressed to all interested parties to participate in this program on the conditions specified in the rules without limiting the period for acceptance and the possibility of early withdrawal of this offer. Thus, the rules apply to an indefinite circle of persons. Based on this, the defendant’s obligation to correctly and timely accrue miles (points) must be observed in relation to all program participants, regardless of whether they subsequently applied with the relevant requirements. The elimination of violations of the rights of an individual consumer is not a basis for refusing to satisfy claims filed against an indefinite range of consumers participating in the same legal relationship, the Supreme Court clarified (Determination of February 8, 2022 No. 5-KG21-191-K2).

Yaroslav Samorodov noted that loyalty programs and bonus programs are also the norm in today’s trade. Their goal is simple – to support consumer activity, and nothing more, the expert believes. “It was unexpected to see in the Review this case and the thesis that it is possible to appeal the actions for accruing points (miles) if they were not accrued correctly. You can’t argue here: the loyalty program is a public offer. And once he has committed himself, he must follow his own rules,” Yaroslav Samorodov believes.

Lawyer Yulia Sevastyanova
explained that there are a number of legal risks associated with not providing the client with complete and reliable information about the loyalty program using cashback. She noted that on September 13, 2022, the FAS Russia and the Central Bank issued a joint letter (No. AK/85107/22, IN-02-52/113), which described typical violations of financial institutions. The letter draws attention to the fact that banking practice becomes unfair when credit institutions focus the attention of potential customers on certain properties that cause increased consumer interest (primarily on the amount of cashback). However, these organizations do not properly inform consumers about the presence of additional conditions or restrictions that directly affect the amount of cashback, about the need to familiarize themselves with the documents fixing such conditions, and also do not provide or make it difficult to familiarize themselves with these documents.

The expert added that the FAS Russia and the Bank of Russia reminded that misleading consumers can be considered as a violation of the provisions of the Law on Protection of Competition (for example, Article 14. 2) and the Law on Advertising (for example, Part 7 of Article 5). “The highest authorities are concerned about the opacity of the conditions of marketing programs. The initiative of the Armed Forces of the Russian Federation to apply the provisions of the law on consumer protection to these programs is very timely and correct, since it allows the consumer to more effectively bring independent claims against unscrupulous counterparties who have imposed non-transparent terms of marketing programs, as a result of which the rights of an individual client have been violated”, – says Yulia Sevastyanova.

In accordance with clause 5 of the Review, the burden of proving a violation by the consumer of the rules for using the service as a basis for exemption from liability lies with the contractor. The Supreme Court considered a case in which a user of communications services filed a claim against a telecom operator, indicating that the latter, without the knowledge and consent of the plaintiff, re-registered his telephone number to unknown persons who, having gained access to information and management of a bank account opened in the name of the subscriber, withdrew from him cash. In the absence of evidence of the lawfulness of issuing a SIM card with the plaintiff’s subscriber number to a third party and thereby providing access to communication services from his subscriber number, the Judicial Collegium recognized the conclusion of the lower courts about the legality of the defendant’s actions and the proper provision of services to them as erroneous (Ruling of February 8, 2022 No. No. 5-KG21-175-K2).

Clause 6 states that the liability of the contractor (seller, manufacturer, authorized organization or authorized individual entrepreneur, importer) for improper performance of their obligations to the consumer can only be limited by law (Determination of March 29, 2022 No. 48-KG22-1- K7).

The next paragraph explains that the freight forwarder, who has assumed the duties of the carrier, bears civil liability to the client for the loss of the goods. The terms of the contract of transport expedition on limiting the liability of the forwarder in comparison with how his liability is defined in the law are void. The Supreme Court considered a case in which the cargo was received not by the plaintiff, but by an unidentified person who presented a passport of a citizen of the Russian Federation in the name of another person. When concluding the contract, the plaintiff, as a client, expected to receive a service of an appropriate quality, namely, the delivery of cargo to him personally or to a person at his direction, but the freight forwarder did not properly fulfill his obligations under the contract and lost the cargo entrusted to him. At the same time, the defendant is a commercial organization that carries out activities at its own risk aimed at systematically making a profit, and therefore the presentation by an unidentified person of forged documents and the issuance of cargo on their basis cannot be considered as a force majeure circumstance that he could not avoid (Determination of 19April 2022 No. 5-KG22-14-K2).

Yaroslav Samorodov considers it strange that there are organizations that consider themselves right even when the goods are handed over to the wrong recipient. He shared that in his practice there was a similar case: “The dishes were handed over to the carrier and a bubble wrapping service was ordered. During transportation, the dishes were broken. But even in this case, the company resisted several court instances, not admitting obvious guilt.”

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SC recalled the presumption of guilt of the freight forwarder-legal entity for the loss, shortage or damage to cargo

As the Court pointed out, the release of cargo on the basis of forged documents presented by the recipient cannot be considered as a force majeure event

January 12, 2021 News

Clause 8 states that when resolving the issue of applying the Consumer Rights Protection Law, it is important not only that a citizen does not have the status of an individual entrepreneur, but also the purpose of acquiring goods, ordering works or services.

The Supreme Court clarified that the designation of the agreement concluded between the parties as an investment agreement does not in itself indicate that, when concluding the said transaction, the real common will of the parties was aimed at the emergence of legal relations for professional investment. By itself, the location of the purchased apartments in a tourist complex and the type of permitted use of the land plot under the construction object do not indicate the plaintiff’s intention to carry out entrepreneurial activities and, as a result, do not exclude the possibility of applying the Consumer Rights Protection Law to the existing legal relations (Determination of September 28, 2021 city ​​No. 36-KG21-5-K2).

As noted in paragraph 9 of the Review, the termination of the contract between the consumer and the contractor (seller) does not mean that the provisions of the Consumer Rights Protection Law cannot subsequently be applied to the legal relations of the parties. The Supreme Court recalled that the provisions of the Law on the Protection of Consumer Rights apply to legal relations related to the conclusion of an agreement on participation in shared construction if this agreement is concluded by a citizen in order to use housing exclusively for personal, family, household and other needs not related to business activities (Determination of April 5, 2022 No. 56-KG22-13-K9).

Irina Kosenko noted that more and more premium-class apartments are currently being built in such tourist complexes and do not have the status of residential premises, but are used by citizens for personal purposes and living in them. In this regard, the expert believes that the clarification of the Supreme Court will help protect the rights and interests of these persons when resolving these issues in the first instance.

In paragraph 10, it is said that the Law on the Protection of Consumer Rights does not provide for the possibility of recovering a penalty for the untimely return of funds by the contractor when the consumer refuses the service of proper quality.

The Judicial Board indicated that the provisions of paragraph 5 of Art. 28 of the Law on Consumer Rights Protection in a systemic relationship with Art. 31 of the same law apply to cases of violation of the deadline for satisfying the consumer’s claims for the return of the amount of money paid for the work (service) and compensation for losses caused in connection with the refusal to fulfill the contract due to the contractor’s violation of the deadlines for the performance of work (services) or the presence of shortcomings in the work performed ( service rendered). Since such violations by the travel agent and tour operator were not established by the courts, in this case there were no legal grounds for recovering a penalty from the tour operator, the Supreme Court decided. At the same time, he added that the unlawful collection of the specified penalty resulted in an error in calculating the amount of the fine (Determination of August 2, 2022 No. 36-KG22-2-K2).

Clause 11 emphasizes that when the court satisfies the consumer’s requirements established by the Consumer Rights Protection Law, the court collects from the manufacturer (executor, seller, authorized organization or authorized individual entrepreneur, importer) a fine for non-compliance with the satisfaction of consumer requirements on a voluntary basis (Determination dated November 9, 2021 No. 46-KG21-31-K6).

Resolution of disputes between financial consumers and financial institutions

According to paragraph 12, in the event of a bank failure, a claim under a loan agreement concluded with a consumer of financial services can be transferred to any person, regardless of whether he has a license for the right to carry out banking activities. The Supreme Court noted that the consent of the debtor is not required for the transfer to another person of the rights of the creditor, unless otherwise provided by law or the contract.

It is clarified that the possibility of transferring to a person who does not have a license for the right to carry out banking activities the right to claim against a consumer of a financial service is expressly provided for by the Bankruptcy Law. Any legal entity, regardless of whether or not it has the status of a credit institution, as well as any individual, may participate in an open auction for the assignment of claims of a credit institution held as part of bankruptcy proceedings, and an agreement based on the results of the auction is concluded with the person who offered the highest price (Determination of July 20, 2021 No. 73-KG21-7-K8).

Paragraph 13 of the Review clarifies that the acceptance of a bank’s offer to change the terms of a loan agreement can be recognized as such actions of a consumer of a financial service (borrower) that directly indicate the will of the latter to accept the offer. The Supreme Court noted that the bank is not entitled to regard as acceptance such actions of a consumer of a financial service that may be performed for a different purpose, in particular, actions to dispose of the funds on the account, to receive cash through an ATM, and similar actions (Definition dated January 18, 2022 No. 45-KG21-24-K7).

Paragraph 14 contains a legal position that in the event of payment of insurance compensation to a third party injured as a result of the interaction of vehicles by one of the insurers who insured the civil liability of the owners of these vehicles, the joint and several obligation is terminated (Determination of July 12, 2022 No. 47-KG22 -2-K6).

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AG experts commented on the draft resolution of the Plenum of the Supreme Court on the application of legislation on OSAGO

They paid attention to clarifications in terms of causing damage not only to the vehicle itself, the obligation of the insured to involve the insurer in the court case, determining the cost of restoring the vehicle

October 20, 2022 News

It follows from paragraph 15 of the Review that failure to submit a damaged vehicle for inspection and / or for an independent technical examination, an independent examination (assessment) or its repair or disposal before the inspection by the insurer can serve as a basis for refusing insurance compensation only if if the failure to present the damaged vehicle for inspection does not allow to reliably establish the existence of an insured event and the amount of losses.

The Supreme Court emphasized that the fact of damage to the plaintiff’s car in an accident was confirmed by the conclusion of a forensic examination, during which not only an inspection report and photographs taken by an expert were used, but also administrative material containing an indication of the list and nature of damage to vehicles, as well as materials of this civil case . However, the decision of the court of first instance lacks any assessment of the forensic examination, and the court of appeal did not accept it as evidence in the case. This, as the Supreme Court concluded, contradicts the above rules of law, and also violates the requirements of Art. 67, part 1, art. 71, part 3 of Art. 86, paragraph 2, part 4, art. 198 and paragraph 5, part 2 of Art. 329 of the Code of Civil Procedure of the Russian Federation (Determination of July 26, 2022 No. 16-KG22-14-K4).

Clause 16 states that the limitation period for the recourse claims of the insurer that reimbursed the expenses of the victim’s liability insurer related to the payment of insurance compensation in the form of direct compensation is subject to calculation from the moment the damage was compensated to the victim. The court clarified that the mutual settlements of insurers for the reimbursement of expenses for direct compensation for losses, made in accordance with the provisions of the OSAGO Law and within the framework of an agreement approved by the professional association of insurers, in themselves do not affect the course of the limitation period and cannot serve as a basis for extending the limitation period. on recourse claims against the tortfeasor (Determination of March 15, 2022 No. 41-KG21-47-K4).

According to paragraph 17, the argument that the consumer of financial services does not comply with the mandatory pre-trial procedure for resolving the dispute as a basis for leaving the statement of claim without consideration can be filed only in the court of first instance or in the court of appeal considering the case according to the rules of procedure in the court of first instance without taking into account the peculiarities, provided for by Chapter 39 of the Code of Civil Procedure of the Russian Federation (Determination of May 17, 2022 No. 18-KG22-6-K4).

In the final paragraph of the Review, the Supreme Court noted that, when resolving the issue of compliance with the mandatory pre-trial dispute resolution procedure established by the Law on the Financial Ombudsman, the court must establish what served as the basis for terminating the consideration by the Financial Ombudsman of the application of the consumer of financial services or refusing to accept such an application ( Definition dated February 15, 2022 No. 20-KG21-14-K5).

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Experts discussed problems in the field of consumer protection

Participants of the meeting of the Zamyatnin Club listed the main problems arising in the field of consumer rights protection, including when shopping online and in a pandemic

October 28 2021 News

“Getting acquainted with the reviews of the Armed Forces, sometimes you wonder how this or that case got into the review, it is not clear how mistakes could be made in this or that case. However, it should be remembered that cases reach the highest authorities for a reason. This is also affected by the employment or workload of judges, when they physically do not have time to carefully consider the case and apply the necessary rules. Here both staff turnover and the lack of practice on the issue are not with a particular judge, namely the absence of decisions in similar cases in the database,” commented Yaroslav Samorodov.

Tatyana Sayapina believes that the presented Review as a whole confirms the obvious things that have long been established in practice; on the other hand, it is very relevant, since it concretizes certain provisions that require clarification.

Response to a consumer protection claim

If an entrepreneur works with consumers, sooner or later he receives a written claim, which must be answered – paragraph 5 of the Retail Regulation No. 2463.

A consumer is a person who has bought a product or ordered a service for household or family needs, but not for business. Such customers have special protection under the Consumer Rights Act. Claims and statements of consumers must be dealt with and responded to as required by law. Otherwise, there is a possibility that a person will go to court. Then the entrepreneur will pay much more money than he could with a peaceful settlement of the dispute.

We have discussed in detail about payments, administrative fines, a fine for refusing to satisfy a claim, and even a prison term in the article on liability for violation of consumer rights. And in this material, we have collected frequent complaints and made an action plan for each.

The principle of working with a consumer claim: to satisfy the requirement according to the law, and not to make a response according to the model from the Internet

When a person brings a claim to the store, he believes that his rights have been infringed and demands something from the seller. The leather backpack does not hold its shape – now the buyer wants the money back and compensation for non-pecuniary damage.

Each demand of the consumer has an obligation of the seller and a deadline for fulfillment by law. Hence the algorithm of actions: deal with the essence of the claim, check the product, satisfy the requirement on time and leave yourself proof that the consumer received what he was supposed to. Well, or refuse in writing with a link to the normative, if the author is absolutely wrong.

In a written response, the main content, not the heading, structure, or outgoing number of the document.

It is better to write simply and kindly so that the client understands the reason for the refusal. Preferably with references to the law – so a person can check the legitimacy of the refusal. For example, you ask the buyer to bring a backpack for examination within two days, because it is required by law. Maybe you offer an alternative: return the backpack and choose another one from the new batch. Or you refuse to return, because the manufacturer’s warranty has expired on the product.

Any written response is handed to the client signed on its own copy. Or they send a letter with a description of the attachment, and keep the postal receipt for themselves.

Consumers name the claim in different ways: statement, demand, complaint. She may not be called at all. The main thing is the essence.

Article about consumer extremism

Application for the return of unsuitable goods

Essence: the buyer brought unsuitable clothes, shoes or a set of dishes. He has 14 days to return in a regular store, 7 days on the Internet. In which cases the seller is obliged to pick up the purchase and return the money, and when not, we have exhaustively described in the article about the return of a quality product.

Response time: in a regular store, the seller returns the money within three days from the date of the buyer’s request. When buying via the Internet – within ten days – art. 25 and 26.1 of the Law.

What to do: if the goods are returned and the seller agrees to return the payment, you can not write a response. It is enough to keep the buyer’s statement, the act of returning the item and the refund receipt.

Article on sales rules for online store

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Application for a refund for a low-quality product, for a discount, reimbursement of repair costs, compensation for losses

Essence: the buyer says that the product is defective. Demands to return the money, reduce the price or pay for repairs. And if he spent money due to a breakdown, he asks to compensate for the losses. All questions about the obligations of the store are discussed in the article on the return of low-quality goods.

Response time: it is necessary to deal with the return of money within ten days from the date of receipt of the claim – art. 22 of the Law. At the same time, conduct an examination of the defect.

What to do: when the money is returned, keep the application, expert opinion (if any), repair checks, item return certificate and money back check.

An article about a claim to a supplier for the supply of low-quality goods

Application for the replacement of low-quality goods with a new one

Essence: in the product is defective. The buyer is ready to leave the money to the store, but to change the item for a new one. Read the exchange rules in the article on the return of defective goods.

Response time: the general rule is that the goods are exchanged within seven days from the date of the buyer’s application. If you need a quality assessment – up to 20 days. When the goods are out of stock and you have to wait for delivery – up to a month, and in the Far North – until the next delivery. Deadlines are written in Art. 21 of the Law.

What to do: when exchanging, they save the application, the act of exchange and checks, if there was a recalculation of the price.

Application for the repair of goods

Essence: the goods are defective, the person requires repair under warranty. We talked about the repair procedure in the article on the return of low-quality goods.

Response time: The repair period is agreed upon in a separate agreement or the buyer himself indicates it in the application. The deadline is 45 days, including the time for the examination of the breakdown – Art. 20 of the Law.

What to do: if the warranty is valid, a factory defect and repairs have been made, the buyer’s statement and the act of issuing the goods are kept for themselves.

The consumer is given his copy of the act with information: on the date of application, date of transfer of the goods for repair, description of the shortcomings, replaced parts, work performed and date of issue of the goods.

Application for the return of prepayment for undelivered goods

Meaning: the buyer was waiting for the prepaid goods, but the store did not deliver within the promised time. The client has the right to ask for the money back, as well as losses and penalties of 0.5% of the prepayment for each day of delay. Losses can be an overpayment for an urgent order in another store, taxi costs. These are the rules from Art. 23.1 of the Law.

Response time: advance payment, penalties and losses are returned within ten days from the date of the client’s application.

What to do: the buyer is denied a refund if he himself is to blame for the delay. For example, he did not open the door to the courier, although he called in advance. The refusal is notified in writing. If the money is returned, they keep the application, the check for the return and the checks confirming the losses.

Application for a refund for a low-quality service, a discount or reimbursement of expenses

Essence: the customer is dissatisfied with the quality of the service or work of the contractor. Asks for a refund, price reduction or compensation for the services of another contractor. How to understand and act, see the article on claims for poor-quality services and work.

Response time: money is returned within ten days from the date of the customer’s request under art. 31 of the Law.

What to do: if the contractor agrees to a return, he leaves a statement, a return check, an act of returning the result of work, checks for repairs – it depends on the situation. When they did an examination of quality, the conclusion is also stored.

Application for re-provision of a service, performance of work or elimination of deficiencies in work

Essence: the consumer believes that the service was provided of poor quality. But ready for correction by the performer. What the contractor is obliged to see in the article on claims for poor-quality services and work.

Response time: The term for repair or repetition of the service is indicated by the consumer in the application. Or it is written into an agreement – Art. 30 of the Law. During this time, an examination is made, if it is in place.

What to do: after repair, save the application and acceptance certificates with the customer’s signature and a note that there are no complaints now.

Statement of forfeit

Essence: you had a long argument with a client about the quality of a product or service. Because of this, they violated the deadlines for a refund, repair, or something else according to the law. For this, the client is entitled to a penalty of 1% of the price of the goods for each day of delay or 3% of the price of the work. But not more than the price of the goods. The details are set out in Art. 23 and 28 of the Law.

Response time: The sooner you pay the interest, the better, because the amount is growing every day.

What to do: You can negotiate a reduction in compensation with the contact customer. If it doesn’t work out, pay a penalty fee and leave an application.

Non-pecuniary damage claim

Essence: the buyer got coffee burns, was dissatisfied with the color of his hair after dyeing, his walk was disrupted due to callous shoes. The person demands compensation for moral suffering. So it is possible under Art. 15 of the Law.

Response time: not established by law. The parties agree on the amount of compensation and the term for transferring money.

What to do: it so happened that they usually demand excessive compensation for non-pecuniary damage. Suddenly it will. We advise you to do this: if you are really guilty and wrong, offer a small compensation or discount on the product. Conclude an agreement on the payment of money.

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Statement of claim and court ruling

Meaning: you received an envelope with the address of the court.