When a company stonewalls: sector regulators for telecom, energy and insurance

Terms used

• OAUT — The OAUT is the state telecom user office that handles complaints from phone and internet customers after the operator fails to resolve them.
• OMIC — The OMIC is a town hall's consumer information office, which helps with complaints against local companies.
• Junta Arbitral de Consumo — The Junta Arbitral de Consumo is a public consumer arbitration board that resolves disputes with companies that have accepted it.
• Cl@ve — Cl@ve is Spain's online identification system for dealing with public administrations.

Key rules

• Company first: Complain to the company and keep its reply before you go to any regulator.
• Insurance and banks: The supervisor's report is generally not binding, so it may not make the company pay.
• Airlines: AESA can sanction an airline but does not award you compensation.
• Energy: Billing disputes go to consumer bodies; network faults go to the regional energy authority.
• Court or arbitration: A complaint already in court or arbitration is not accepted by the financial supervisors.

Start with the company, then go to the sector body

Every route below starts the same way: complain to the company first and keep its reply, or proof that it did not reply. Regulators usually refuse a complaint that skips this step. Going to court or arbitration first can also block the regulator route.

Telecom: the telecom user office

For phone and internet problems, go to the Oficina de Atención al Usuario de Telecomunicaciones (OAUT). It is run by the Secretaría de Estado de Telecomunicaciones.

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.

File online with a digital certificate or Cl@ve through the Ministry's electronic office, or on paper at a registry. Two alternatives exist: the Junta Arbitral de Consumo, if the operator has accepted it, or an accredited ADR body for specific matters such as advertising. Court stays open too. Confirm the channel with the OAUT before filing.

Energy: supplier first, then consumer bodies

For electricity or gas billing and contract problems, the supplier must answer your complaint within one month. After that you can go to:

• your regional consumer body or your town's consumer office (OMIC);
• the Junta Arbitral de Consumo, if the company has joined the system;
• the Secretaría de Estado de Energía, which runs a consumer service for energy.

Problems with the network itself, such as supply quality, connection or metering, go to your regional energy authority. The national competition and markets regulator (CNMC) mostly settles disputes between companies and distributors, not consumer billing disputes. Which body handles what varies by region and type of complaint, so ask your regional consumer body if unsure.

Insurance, banking and investments: the supervisor

Every insurer, bank and investment firm must have a customer service department or ombudsman. If it rejects your complaint, or does not answer within one month (two months for banking services), go to the supervisor:

• Insurance and pensions: the Dirección General de Seguros y Fondos de Pensiones (DGSFP).
• Banking, loans and payment services: the Banco de España claims department.
• Shares and investment services: the CNMV.

File online with a digital certificate or in writing. Include your first complaint and the company's reply. The supervisor's report is generally not binding, so the company is not forced to pay. A complaint already in court or arbitration is not accepted.

Air travel: AESA

Complain to the airline first. If it refuses or ignores you, file with the Agencia Estatal de Seguridad Aérea (AESA) through its electronic office or at a registry. Include your ticket or booking, the airline's reply and your evidence.

AESA can start a sanction procedure against the airline, but it does not award you compensation. To force payment, you need the civil courts.

Where the ADR law stands

Spain's consumer ADR law has applied since November 2017. It sets up accredited out-of-court bodies, including the consumer arbitration boards and the supervisors' complaint services above. The Ministry of Consumer Affairs publishes the list of accredited bodies, and it changes.

A newer rule, in force since April 2025, requires you to try negotiation or mediation before most civil court claims. Keep your complaint file, because it can show you made that attempt.

The timeline, warnings and FAQ below cover the steps and common mistakes.

Timeline and deadlines

• Energy: the supplier must answer your complaint: within one month; after that, go to your regional consumer body or the national energy consumer service

What to watch out for

• Going to court or arbitration first: A supervisor will not admit a bank or insurance complaint that is already in court or arbitration. Use the supervisor's claims service first, and only start court or arbitration if you do not need it.

• Skipping the company's own complaints service: The supervisor only takes your case after the company's customer service or ombudsman rejects it or does not answer in time. Without that, the claim is turned away. Complain to the company first and keep its reply. Enclose both the first complaint and the reply when you file.

• Expecting AESA to pay you: AESA can sanction an airline but does not award compensation, so a complaint alone will not get you paid. File with AESA if you want the airline investigated, and start a civil court claim to get the money.

• Counting on a binding ruling: The reports of the insurance, banking and investment supervisors are generally not binding on the company. Use the report as evidence if the company still refuses and you go to court.

Frequently asked questions

Can an airline complaint to AESA get me compensation?

No, AESA cannot award you compensation, because it only opens sanction procedures against the airline. You must first complain to the airline and get a refusal or no reply. To get paid, you need to claim before the civil courts.

Does a bank or insurer complaint to the supervisor force the company to pay?

No, the supervisor's report is generally not binding on the company. The report can still back up your case. Complaints already in court or arbitration are not admitted.

Do I have to try mediation before going to court in Spain?

Yes, since April 2025 most civil court claims require a prior attempt at negotiation or another agreed way of settling the dispute. Keep proof of your attempt, such as your complaint and the company's reply.

Where do I complain about an electricity or gas problem with the network?

For network problems such as supply quality, connection or metering, go to your regional energy authority. The national markets regulator (CNMC) mainly handles conflicts between companies and the distributor, not consumer billing disputes.