a. Right to fair and equitable treatment;

b. Right to disclosure and transparency of financial products and services;

c. Right to protection of consumer assets against fraud and misuse;

d. Right to data privacy and protection; and

e. Right to timely handling and redress of complaints.

a. Terms and conditions are not unfair in that there is significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the financial consumer. In any agreement with the financial consumer, a term should be deemed to be unfair if its exempts or absolves a CDARE from acting with skill, care, diligence or professionalism towards a financial consumer in connection with the provision of any product or service and/or liability for failing to do so. Ambiguities in contractual terms and conditions should be construed in favor of the financial consumer.

b. The CDARE does not employ abusive collection or debt recovery practices against its financial consumers. It shall report to all reasonable and legally permissible means to collect amounts due them. However, in doing so, they must observe good faith and reasonable conduct and refrain from engaging in unscrupulous or untoward acts.

a. The organizational values and standards of professional conduct adopted by the CDARE that uphold consumer protection; and

b. The procedures followed by the CDARE in detecting violations of consumer protection standards, as well as responding to and  enforcing sanctions relative to such violations.

(a) CDARE officers and staff must receive adequate training suitable for the complexity of the financial products or services they sell to ensure understanding of their key features, risks terms and costs, relevant FCP standards and requirements, including statutory and regulatory requirements and related internal policies and procedures that might impact their financial consumers, including those pertaining to consumer risks arising from cybersecurity and/or digital financial products and services. Aside from trainings for frontline service personnel, trainings shall also be made available to compliance and internal audit officers and staff.

(b) CDARE officers and staff, as well as authorized third-party agents or representatives contracted for sales and marketing purposes, do not use deceptive or high pressure/aggressive sales techniques and should not force clients to sign contracts or rush into a financial deal without shopping around;

a. Information on risks, return, possible warnings;

b. Any waiver of rights and limitations of liabilities;

c. Consumer's rights and responsibilities;

d. Consequences of failure to meet obligations;

e. Rights and responsibilities of CDAREs;

f. Involvement of authorized agents;

g. Any conflict of interest by the CDARE staff;

h. Cancellation of financial product or service;

i. Full price or cost and detailed breakdown of the financial product or service including all interest, fees, charges, and penalties, and whether they can change over time; and

j. Procedures and documentation providing the rationale for why and how prices have been set, as proof of its adherence to responsible pricing principles.

a. Address and contact details of the CDAREs head offices and branches of satellite offices, if any;

b. Contact information of the CDARE's consumer assistance team, as well as information on its financial consumer protection assistance management system as provided in Rule IV; and

c. Statement that the CDARE is regulated by the Authority, as well as the address and contact details of the Authority's Head Office or the Extension Office under which it falls under its jurisdiction.

a. Approving the CPRMS and Financial Consumers Protection Assistance Management System (FCPAMS) under Rule IV, taking into consideration the CDAREs' business model, market, product lines, and relationships with third parties that may give rise to consumer protection risks;

b. Reviewing and approving the CDARE's Code of Conduct;

c. Ensuring that relevant information pertaining to the FCPAMS and CDAREs' compliance with the FCPA, other consumer protection laws, rules and regulations, and market conduct guidelines promulgated by the Authority as well as actions taken relative thereto, are reported to the Board on a regular basis;

d. Ensuring adequate provision of resources and effective implementation of training and competency requirements for officers and personnel;

e. Approving remuneration and compensation packages structured to encourage responsible business conduct, fair treatment and mitigate conflicts of interests; and

f. Periodically reviewing the implementation of the CPRMS and FCPAMS, including how findings are reported and whether the audit mechanisms in place provide adequate oversight in relation to the CDAREs' business model and/or operating environment.

i. Provide adequate information on the performance and quality of the CDARE's FCPAMS that allows for the identification of emerging consumer issues and root cause analysis;

ii. Determine the level of consumer protection risk exposure;

iii. Identify and monitor, in a timely manner, consumer protection risks that may result in financial loss to consumers, legal and reputational risks, and other related risks; and

iv. Identify and assess emerging or increasing consumer risks that affect the CDARE's consumers through social media monitoring, market monitoring, and other relevant means.

a. Obtaining information about the CDAREs' policies, procedures, activities, and compliance program to assess the effectiveness of the CDAREs' CPRMS;

b. Assessment of the CDARES' overall compliance with the FCPA and this Rules, other laws and regulations on market conduct and consumer protection, and such other rules and regulations issues by the Authority; and

c. Assessment of the risks to consumers and markets of financial products and services.

a. Visits to the CDAREs' premises and/or branches;

b. Interview any of the directors, trustees, officers, and personnel;

c. Walkthrough of relevant areas of operations;

d. Validation of results of surveillance activities; and

e. Verification, review, and evaluation of documents and records, including policy and CDARE's claims database.

a. Establish an effective FCPAMS as provided in this Rule.

b. Develop internal policies and practices on consumer redress, including the time for processing, complaint response, and customer access;

c. Maintain an up-to-date log and records of all complaints from customers in accordance with their complaints handling procedure. The following information shall be recorded by the CDAREs:

i. Date the complaint was received;

ii. Details of the complaint;

iii. Summary of the CDARE's response;

iv. Action taken to resolve the complaint;

v. Details of any other relevant correspondence on records; and

vi. Date the complaint was resolved.

d. Ensure that information on how to file a complaint is clearly visible in the CDAREs' premises and websites;

e. Undertake an analysis of the patterns of complaints from consumers on a regular basis including investigating whether complaints indicate an isolated issue or a more widespread issue for consumers. This analysis of consumer complaints must be escalated to the CDAREs' compliance/risk management division unit, as well as to senior management; and

f. Provide for adequate resources to handle financial consumer complaints effectively and efficiently.

a. Receiving;

b. Recording;

c. Evaluating;

d. Resolving; and

e. Monitoring and reporting

a. Corporate structure of the unit, group, or department implementing the FCPAMS ("the Consumer Assistance Team"), with an enumeration of the roles and responsibilities of all persons involved in FCPAMS implementation. The Consumer Assistance Team shall be separate and independent from the CDAREs' claims handling units. Any complaint or disagreement relative to claims handling may be referred to the Consumer Assistance Team;

b. Capacity building form their respective Consumer Assistance Teams, which includes the conduct of regular trainings on the following, among others:

i. CDARE's corporate structure and financial products and services;

ii. Interpersonal skills/customer service;

iii. Basic and advanced listening skills;

iv. Written and verbal communication skills;

v. Handling financial consumer feedback;

vi. Dealing with difficult people; and

vii. Problem solving and conflict resolution.

c. Consumer assistance process and timeline. CDAREs may provide for their own periods for addressing consumer complaints, requests, and inquiries which shall not, in any case, exceed the following periods:

CONCERN	TIMELINE
FOR COMPLAINTS OR REQUESTS
Acknowledgment	Simple	Within twenty-four (24) hours from receipt of complaint/request
	Complex	Within twenty-four (24) hours from receipt of complaint/request
Processing and resolution (assessment, investigation and resolution)	Simple	Within seven (7) days from receipt of complaint/request
	Complex	Within forty-five (45) days from receipt of complaint/request
Communication of resolution to requesting consumer	Simple	Within nine (9) days from receipt of complaint/request
	Complex	Within forty-seven (47) days from receipt of complaint/request
FOR INQUIRIES	By next business day

d. Complaints recording or data management system;

e. Risk assessment strategies;

f. Reporting of complaints statistics to the CDARE's Board of Directors and the Authority;

g. System for evaluating the effectiveness of the FCPAMS; and

h. Glossary.

a. Conspicuous places within the premises of CDAREs;

b. Terms and conditions of the CDAREs' products and services;

c. Various channels of service delivery; and

d. Marketing materials

a. Full name and contact details;

b. Nature of complaint/request and relevant details;

c. Resolution or action requested; and

d. Name of CDARE's claims handling personnel that originally handled the subject concern, if applicable.

a. Overall consumer satisfaction;

b. Processes needing improvement;

c. Personnel needing improvement; and

d. Any suggestions for improvement

a. Name of the complainant;

b. Date of receipt of the complaint;

c. Subject or nature of the complaint;

d. name of the personnel directly handling or in charge of the complaint and the officer supervising its resolution;

e. Actions taken on the complaint;

f. Resolution of the complaint;

g. Date of resolution; and

h. Other relevant information

a. General category of complaints received;

b. Number of complaints received per category;

c. Number of complaints resolved;

d. Aging of complaints;

e. Explanations for deviations, if any, from the required resolution period;

f. General description of resolutions and actions taken relative to complaints received; and

g. Recommendations on how to avoid recurring complaints and suggestions for process and personnel competency improvement.

1. Copy of the contract, policy, agreement, or plan detailing the offered or availed financial product or service;

2. Copy of the receipt showing payment for the financial product or service if already paid; and

3. Copy of other supporting documents, if any.

a. Termination of the complaint if the Authority finds that there is no basis for the filing of the complaint;

b. Conduct of Mediation-Conciliation Proceedings if the Authority finds that the complaint may be resolved through amicable settlement; or

c. Referral to the concerned CDARE if the Authority finds that the concerned CDARE has not yet acted on the complaint.

a. The entire Mediation-Conciliation Proceedings before the Authority must be completed within fifteen (15) calendar days from the start of the conflict coaching;

b. The Mediation-Conciliation Proceedings must be conducted only once;

c. The Mediation-Conciliation Proceedings shall be declared as failed under the following circumstances:

i. When no settlement is reached by the parties after fifteen (15) calendar days from the start of the conflict coaching.

ii. When any or both of the parties or the conciliator-mediator decide to terminate the proceedings if, in his/her judgment, further efforts at conciliation-mediation are unlikely to lead to a resolution of the dispute.

d. The appearance of counsel at any point in these proceedings shall be prohibited;

e. Except as provided in the above provisions, Rule III (Dialogue) of the CDA Omnibus Rules of Procedures shall be observed as the procedure in the conduct of the Mediation-Conciliation as far as practicable and convenient as mutually agreed upon by both parties.

a. Names and addresses of the parties;

b. Substance of claim (the cause of action);

c. Date when the loss or controversy occurred;

d. Amount of claim;

e. Grounds for claim/violations committed;

f. Relief sought; and

g. Certification of Non-Forum Shopping.

h. Payment of docket fees amounting to Three Hundred Pesos (P300.00) only.

a. Motion to dismiss on any ground;

b. Motion for judgment on the pleadings;

c. Motion for summary or partial summary judgment;

d. Bill of particulars;

e. Motion for extension of time to file any pleading without justifiable cause;

f. Counterclaim;

g. Cross-claim;

h. Third (fourth etc)-party complaint;

i. Reply;

j. Rejoinder;

k. Intervention; and

l. Any other motion analogous to the foregoing.

a. When the Authority has no jurisdiction over the subject matter;

b. When there is another action pending between the same parties for the same cause; or

c. When the action is barred by res judicata or or the statute of limitations.

1. Possibility of amicable settlement or resort to alternative modes of dispute resolution;

2. Simplification of issues;

3. Necessity or desirability of amendments to the pleadings;

4. Possibility of obtaining stipulations or admissions of facts and documents to avoid unnecessary proof;

5. Limitation of the number of witnesses;

6. Possibility of rendering judgment on the pleadings or summary judgment; and

7. Such other matters that may aid in the prompt disposition of the case.

a. Restriction on the ability of CDAREs to continue to collect excessive or unreasonable interests, fees, or charges;

b. Disqualification and/or suspension of directors, trustees, or officers of CDAREs responsible for the violations of the provisions of the FCPA, this Rules, and/or such other relevant guidelines, issuances, or orders of the Authority;

c. Imposition of fines, suspension, or penalties for any non-compliance with or breach of the FCPA, this Rules, and/or other guidelines, issuances, or orders of the Authority on consumer protection and market conduct;

d. Issuance of a Cease-and-Desist Order (CDO) to the CDARE without the necessity of a prior hearing if in the Authority's judgment, the act or practice, unless restrained, amounts to fraud or a violation of the provisions of the FCPA and this Rules, or may unjustly cause grave or irreparable injury or prejudice to financial consumers. The CDARE shall be afforded an opportunity to defend its act or practice in a summary hearing before the Authority, upon request made by the CDARE within five (5) working days from receipt of the order. If a hearing is requested by the CDARE, the proceedings shall be conducted summarily without strictly adhering to the technical rules of evidence, and all issues shall be determined primarily on the basis of records, after which the Authority may either reconsider, modify or affirm its order.

It is understood that the foregoing shall be without prejudice to the application of the rules of procedure as may be promulgated by the Authority.

e. Suspension of operation, after proper notice and hearing, of any CDARE in elation to a particular financial product or service when in the Authority's judgment and based on its findings, the CDARE is operating in violation of the provisions of the FCPA and this Rules; and

f. In any proceeding in which the Authority may impose a penalty for non-compliance with or breach of the FCPA, this Rules, and other existing laws and regulations, the Authority, in addition to the imposed fine, may issue an order requiring account and disgorgement of profits obtained, or losses avoided, as a result of a violation of the FCPA, this Rules, and other pertinent laws and regulations, including reasonable interest. The Authority is authorized to adopt rules, regulations, and orders concerning the creation and operation of a disgorgement fund, payments to financial consumers, interest rate, period of accrual, and such other matters as deemed appropriate to implement this provision.

The enforcement actions enumerated above shall be at the discretion of the Authority without necessity of providing that the violative acts committed are performed with such frequency as to indicate a general business practice.

a. Conduct a gap analysis of their current protection practices vis-a-vis the provisions of this Rules;

b. Create an Action Plan duly approved by the CDAREs' Board of Directors.