On September 23, 2021, SUSEP Circular No. 643/2020 was published, establishing new rules and procedures for the handling of complaints from consumers involving insurance companies, capitalization companies and open pension fund entities, as well as reporting by consumers within the scope of the Superintendence of Private Insurance (SUSEP).
Until now, the subject was defined by SUSEP Circular No. 613/2020, which was repealed and replaced by the new Circular, but has not changed substantially.
The new Circular is structured in the same way as the previous one, divided into the following sections: (i) initial provisions, with definition of basic concepts; (ii) complaint handling; (iii) report handling; (iv) adhesion by supervised entities to “consumidor.gov.br” platform; and (v) final provisions.
Among the main aspects proposed by the new Circular, the following are noteworthy:
- Expansion of the definition of Reportingto include reports of alleged violation of legal or infra-legal provisions that regulate intermediation activities, independent audit, self-regulating of brokered market entities, liquidators and collective insurance policyholders, in addition to the activities of insurance, coinsurance, reinsurance, retrocession, capitalization and open pension funds;
- Consolidation that the registration of complaints (defined as the individualized consumer’s report regarding the performance of an insurance company, capitalization and open pension funds) are no longer allowed directly with SUSEP. This rule has been in force since January 1, 2021. Complaints must be registered by consumers only through consumidor.gov.br, the official website of the federal government for self-settlement in consumer relations;
- Alteration to the way Reports are to be filed, which now requires submission through a motion to SUSEP, under specific regulations, as well as the requirement to provide, by the claimant, an email address to receive communications.
The Circular came into force on October 1, 2021, and its full text can be accessed at this link.
Demarest’s Insurance and Reinsurance team is available to provide any additional clarifications that may be necessary.