The approved consumer ombudsman is chosen by the professional for a multi-year period. Their contact details must appear in the business documents (general terms and conditions of sale, quotes, invoices) and on the professional's website. Failure to comply with these obligations renders the professional liable to an administrative fine of 3,000 to 15,000 euros.
Overview
The consumer ombudsman is an independent, impartial, and competent third party responsible for helping a consumer and a professional resolve amicably a dispute arising from the performance of a sales contract or a service provision contract.
Any professional who sells goods or provides services to consumers has, barring exceptions, the obligation to allow them to use a consumer mediator free of charge.
Mediation is confidential. The mediator does not render a judgment: they propose a solution that the parties remain free to accept or refuse.
Types of disputes handled
The consumer mediator intervenes in particular for disputes relating to:
- upon the purchase of goods; ;
- to the provision of services; ;
- to craftsmen and construction companies; ;
- for travel and leisure; ;
- in transport ;
- telecommunications and the Internet; ;
- with energy; ;
- to banks, insurance companies and financial services (when an industry ombudsman exists); ;
- to e-commerce.
The dispute must be between a consumer to a professional.
Situations outside their remit
Consumer mediation does not concern in particular:
- disputes between two individuals ;
- disputes between two professionals; ;
- disputes relating to non-economic public services; ;
- direct negotiations between the consumer and the professional before any dispute; ;
- proceedings already adjudicated by a court ;
- manifestly abusive or whimsical requests.
How they can help
Mediators intervene primarily remotely:
- Internet platform ;
- online form ;
- postal mail ;
- email.
Depending on the organizations, exchanges may also take place:
- by phone ;
- via videoconference ;
- exceptionally during an in-person interview.
Eligibility requirements
The request is admissible in particular when:
- the dispute is between a consumer and a professional; ;
- the consumer first sent a written complaint to the professional; ;
- this complaint has remained unanswered or has not provided a satisfactory solution; ;
- the referral is made within the year following this written complaint; ;
- The dispute is not already being examined by a court.
In practice, it is generally advisable to wait for the professional's response or the expiration of the deadline provided in their complaints handling procedure before contacting the ombudsman.
How to find a mediator
The competent mediator generally appears:
- in the general terms and conditions of sale; ;
- on the professional's website; ;
- on invoices or quotes; ;
- with customer service.
It is also possible to consult the official list of consumer mediators referenced by the Consumer Mediation Evaluation and Control Commission (CECMC).
How to make a referral
- Send a written complaint to the professional.
- Keep the evidence of this process.
- Identify the competent mediator.
- Submit an application online or by mail.
- Attach the supporting documents.
- The mediator checks the admissibility.
- If the application is admissible, mediation begins.
Documents to prepare
Include in particular:
- invoice or contract ;
- quote or purchase order ;
- email exchanges ;
- complaint sent to the professional ;
- potential response from the professional; ;
- photographs ;
- supporting documents for the amounts claimed; ;
- any document useful for understanding the dispute.
How the process works
The mediator:
- Check admissibility ;
- collect the observations from both parties; ;
- ask for additional information, if necessary; ;
- analyze the elements of the file; ;
- looking for a balanced solution ;
- Submit a reasoned proposal.
The conversations are confidential.
Typical timeframes
As a guide:
- admissibility review: a few days to a few weeks; ;
- mediation: until 90 days upon receipt of a complete application.
This period may be extended when the dispute is particularly complex.
Possible outcomes
Mediation can lead to:
- to an agreement accepted by both parties; ;
- to a partial agreement; ;
- upon the rejection of the proposal by one or both parties; ;
- to an admission of failure.
In the event of failure
If no agreement is reached, the consumer can:
- continue discussions with the professional; ;
- contact a court-annexed conciliator when possible; ;
- initiate proceedings before the competent court.
Recourse to the mediator does not deprive the parties of their right to take legal action.
Advantages and limitations
| Benefits | Disadvantages |
|---|---|
| Free for the consumer | Reserved for consumer/professional disputes |
| Simple procedure | Mandatory prior administrative appeal |
| Primarily online procedures | Non-binding proposal |
| Intervention of an independent third party | Certain disputes are excluded |
| Privacy | Delays sometimes lasting several months |
| Suspend the statute of limitations during mediation | The professional can refuse the proposed solution |
Key Texts
- Directive 2013/11/EU of 21 May 2013 on alternative dispute resolution for consumer disputes.
- Regulation (EU) No 524/2013 of 21 May 2013 (European ODR platform, currently being phased out).
- Consumer Code: Articles L.611-1 to L.616-3.
- Consumer Code: Articles R.612-1 to R.616-2.
- Ordinance No. 2015-1033 of August 20, 2015.
- Decree No. 2015-1382 of October 30, 2015.