2022.05.18
Hello Marcus Isgren, chairman and head of ARN, can you tell us about your business?
The Swedish Consumer Complaints Board (ARN) decides cases where consumers are in dispute with companies. APPLiAnytt had a chat with Marcus Isgren, chairman and head of ARN, about how a case is raised, what the statistics look like for cases in the electronics industry and memorable cases.
The Swedish Consumer Complaints Board (ARN) is an impartial government authority that hears disputes between consumers and businesses. ARN is a free alternative to court and does not provide advice.
”ARN has approximately 50 employees, of which just over 35 are lawyers. In addition, we have almost 30 external decision-makers who are or have been judges in court. Four of these come from the Supreme Court and many normally work as judges in the Svea Court of Appeal, so the expertise in ARN is very high.”", says Marcus Isgren, chairman and head of ARN.
The proceedings at the board are written. The report must be made on a form or web form. The board does not hold witness hearings, but requires a case to be heard orally. ARN cannot examine the case. It is the parties themselves who decide what evidence they want to submit to support their case.
After receiving the report, it is sent to the company in question, which is given the opportunity to respond to the report. If a response is received from the company, it is sent to the notifier, who is given the opportunity to respond to it. When the correspondence is complete, the parties are informed about when a decision can be expected. A decision is based on the investigation in the case and applicable law and practice.
”The starting point is that a case is decided at a meeting. We therefore have a large number of judges, rapporteurs and members affiliated with ARN. Two members from the consumer side and two from the industry side participate in the committee meetings. The members who sit on the committee have industry knowledge, general knowledge of the business community in general or of conditions within the consumer area. They come from authorities and organizations that the government has appointed. The members do not represent the individual consumer or company but must be impartial”", Marcus continues.
ARN's decisions are recommendations, which means they are not binding. However, the vast majority of companies follow the decisions made. A decision from ARN cannot be appealed. If a party is dissatisfied with the board's decision or if a company chooses not to follow a recommendation from ARN, they can go to court to have their dispute heard.
What are the benefits of registering with ARN?
”"ARN offers an alternative to having your dispute heard in court; it is free to report to ARN. However, there is a proposal that the government is preparing that means that a fee of SEK 150 may be introduced for reporting to ARN. But nothing has been decided yet. Another advantage is that the time from reporting to decision is often shorter than if you were to go to court. ARN has members with industry knowledge about, for example, technology and engines, which is one of ARN's strengths," says Marcus.
ARN has twelve different dispute areas, of which electronics is one. According to Marcus, common cases in this category are fee increases on TV subscriptions, Wi-Fi speed, faults on electric scooters, goods that have been marketed at too low a price (mistakes in explanation), whether the consumer should pay for troubleshooting when no fault is found, whether a mobile phone has an original fault or has been water damaged, operating errors when maintaining household appliances, whether the consumer has received the correct information about the right of withdrawal, whether the consumer is responsible for international calls made with their subscription and burn-in on TV screens.
Number of cases per year
(total/electronics category)
2018: 1,900 cases
2019: 2 200
2020: 2 200
2021: 2 800
2022 so far: about 1,000 pcs.
Do you see any tendency, is it more common for the consumer or the company to win?
”The approval percentage in the electronics department is slightly lower than it is in ARN overall. During the years 2018-2021 it has been between 28 and 36 percent. During the same period, the approval percentage overall for all case types has been 40-45 %”", says Marcus and continues:
”"Many companies that appear in the electronics department are large companies (Bygghemma, ComHem, Electrolux, Elgiganten, MediaMarkt, NetOnNet and Telia) that generally have correct terms and conditions that contain everything the consumer needs to know. There are also many cases involving sensitive electronics that have broken down after the first six months, and it can be difficult for the consumer to prove that the fault existed since the purchase."”
Is there any dispute you remember in particular?
”"There are of course various disputes that you remember a little more, but it can also be a little sensitive to talk about them"”, Marcus says with a laugh.
”"But one thing that is striking is that many gadgets have become increasingly technologically advanced, and it is often difficult for consumers to prove that there is an original fault in the product. It could just as easily be a fault in the software or in the internet connection, for which the company that sold the product is not responsible. Here, the extension of the time for the reversed burden of proof in the new Consumer Sales Act will change the playing field somewhat."”
Watch a film on ARN's website
On front page you will find the film "What does ARN do?" Under the tab Consumer is located under the tab "Can I make a report" Business There is "My company has been reported - what do I do now".
