Public Consultation Notice SUSEP No. 007/2020: new rules for complaints from consumers and reports within SUSEP regulation

The Superintendence of Private Insurance (SUSEP) has put Notice No. 007/2020 for public consultation, presenting a draft of a new normative rule that will regulate the handling of consumer complaints and reports of non-compliance with industry regulatory standards.

Regarding consumer complaints, the rule establishes the need for insurance companies to register on the platform Consumidor.gov.br by September 30, 2020 and demonstrate compliance with this obligation to SUSEP by October 15, 2020. The rule aims to start use of this tool from Public Administration as a mean of receiving complaints from insurance consumers until January 1, 2021 replacing the previous form.

If enacted, the aforementioned rule will repeal SUSEP’s Normative No. 292/2005 promoting several changes, highlighted below:

  • Clear distinction between the concepts of complaint and report, simplifying the way they are determined and distributed by SUSEP, making the whole process more uniform, in addition to extolling the mediating function played by SUSEP, being a link between the claimant and the defendant;
  • Indication of the procedure to be adopted by SUSEP when receiving a new complaint, by activating the company’s ombudsman, with a 15-day deadline to answer the consumer. In the case of dissatisfaction with the answer provided, SUSEP will guide the consumer to resort to consumer protection agencies or activate the Judiciary, ending their service, without instituting administrative proceedings (previously called PAC);
  • Use of information obtained through the registration of complaints to develop indices to define supervisory actions;
  • Creation of obligation to register insurance companies, capitalization companies and open supplementary pension entities on the platform Consumidor.gov.br by September 30, 2020 and provide proof of compliance to SUSEP by October 15, 2020.

The complete draft of the normative put for consultation is available at this link. Interested parties can send comments or suggestions on its content by email addressed to corac.rj@susep.gov.br until May 27, 2020 by filling in SUSEP’s standard form.

Demarest’s Insurance and Reinsurance team will monitor the development of this public consultation until the release of the new Normative and remains available to provide any clarifications on the subject.