Making a consumer complaint

It is for anyone planning or carrying out a move to Spain. You will know which step to take next in a consumer dispute, and how to document and word your complaint.

Start with "The consumer complaint ladder in Spain, step by step". It shows the order of the steps from the shop to court, so you can see where your problem fits before you open the pages on a single step.

Key rules

• Arbitration length: A consumer arbitration award must be issued within six months of the procedure starting, and the Junta can extend this by up to two more months for justified reasons.
• Telecom claim window: You can take a telecom complaint to the telecom user office after one month without a reply from the operator, and you must file it within three months of the operator's reply or of the end of that month.
• Complaint form: A business that sells to the public must give you the complaint form on request, and if it refuses you can call the local police to record the refusal.
• Office cost: Filing a complaint with a municipal or regional consumer office is free, and you do not need a lawyer.
• Business first: Always complain to the business first and keep proof, because most consumer claims need a prior attempt at settlement before court.
• Optional steps: The complaint form, the consumer office, arbitration and the European Consumer Centre are all optional.

Making a consumer complaint: the whole process, step by step

• Keep evidence and complain to the business's customer service (see: Reaching a human and getting a complaint reference from companies; Writing a complaint in Spanish and keeping evidence): As soon as the problem happens, before any other step

• Ask for the complaint form on the spot (see: Complaint form (hoja de reclamaciones): when and how to use it): At the time of the incident or soon after.

• Send a formal written claim, by burofax if you need proof of what you sent and when it arrived (see: When a business refuses the complaint form or ignores you): If the business ignores you or the reply is unsatisfactory; ask for a reply in 10 to 15 days

• File with your municipal consumer office (OMIC) or regional consumer agency (see: Finding your consumer office (OMIC) and regional consumer agency): After the business fails to answer or replies unsatisfactorily. See Complaint form (hoja de reclamaciones): when and how to use it.

• Go to your sector regulator for telecom, energy, insurance or banking (see: When a company stonewalls: sector regulators for telecom, energy and insurance): For telecom, after one month without a reply from the operator, and no later than three months after the operator's reply or the end of that month

• Ask for consumer arbitration if the business has joined the system (see: Free consumer arbitration (Junta Arbitral de Consumo)): Any time you want a binding result; the award is issued within six months of the procedure starting, plus up to two more months if the Junta extends it

• For a seller in another EU country, ask the European Consumer Centre for help (see: Complaining about a seller in another EU country (ECC Spain)): Instead of the national steps when the business is based abroad

• Go to court, after trying an out-of-court settlement first: Last resort, once the other steps have failed

Documents you may need

Identity and residence

• A digital certificate or Cl@ve electronic ID — Complaint form (hoja de reclamaciones): when and how to use it

The home and the lease

• The contract — Writing a complaint in Spanish and keeping evidence, When a business refuses the complaint form or ignores you

Payments and receipts

• Receipts or proof of payment for what you bought — When a business refuses the complaint form or ignores you

Other documents

• The complaint form — Complaint form (hoja de reclamaciones): when and how to use it, When a business refuses the complaint form or ignores you
• Proof that you complained to the business first — Writing a complaint in Spanish and keeping evidence
• A written note of the refusal — When a business refuses the complaint form or ignores you
• Your written claim to the business's customer service — When a business refuses the complaint form or ignores you
• Evidence to attach to the original — Complaint form (hoja de reclamaciones): when and how to use it
• Photos — Writing a complaint in Spanish and keeping evidence
• A burofax with certified content from Correos — Writing a complaint in Spanish and keeping evidence
• Emails and messages with the business — When a business refuses the complaint form or ignores you

Making a consumer complaint: questions that cross several articles

Can I skip steps and go straight to court?

Usually not, because for most consumer claims you must first try to settle with the business or use an out-of-court body. The complaint form, the consumer office and arbitration are all optional, but contacting the business first is expected.

Is there a deadline for making a consumer complaint?

There is no single national deadline for complaining to a business, a consumer office or arbitration, but delay can weaken your case. Some sectors and regions set short windows, and court claims have their own limits. Read The consumer complaint ladder in Spain, step by step, and When a company stonewalls: sector regulators for telecom, energy and insurance.

What happens to the complaint form once I file it?

The consumer office registers it and asks the business to reply, usually within 10 to 15 days. Keep your own copy and attach receipts, contracts or photos when you send the original. Read Complaint form (hoja de reclamaciones): when and how to use it, and Finding your consumer office (OMIC) and regional consumer agency.

Can a consumer office make a business refund me?

No, a consumer office can ask the business to settle and can fine it, but it cannot order a refund. Fines go to the administration, not to you. For a binding result, read Free consumer arbitration (Junta Arbitral de Consumo) or The consumer complaint ladder in Spain, step by step.

Which office handles my complaint if I live in a particular region?

Each autonomous community has its own consumer agency, and most people start at their town's OMIC. See The consumer complaint ladder in Spain, step by step.