56BZDNo discrimination against CDR action instructions—service provider’s fees relating to CDR actions

56BZD No discrimination against CDR action instructions—service provider’s fees relating to CDR actions

No discrimination against CDR action instructions via fees

(1) A person contravenes this subsection if:

(a) the person is an action service provider for a type of CDR action; and

(b) the person is given a valid instruction under the consumer data rules to perform a CDR action of that type; and

(c) the person charges (or causes to be charged) one or more fees for either or both of the following matters:

(i) processing the valid instruction;

(ii) performing the CDR action in accordance with the valid instruction; and

(d) either subsection (2) or (3) applies to those fees.

Note: For enforcement, see Part VI (including section 76 for an order for payment of a pecuniary penalty).

First case—charging inappropriate fees at the instruction layer

(2) This subsection applies to fees, to the extent they are for processing the valid instruction, if:

(a) the consumer data rules have not declared, as described in subsection 56BGA(2), that fees may be charged (or caused to be charged) for processing valid instructions for CDR actions of that type; or

(b) the fees for processing the valid instruction exceed any fees:

(i) determined under subsection 56BZE(1) or (2) for the person; or

(ii) worked out from a method determined under subsection 56BZE(1) or (2) for the person;

for processing the valid instruction.

Note: This protects the integrity of the CDR action regime by discouraging the person from charging inappropriate fees at the instruction layer.

Second case—charging higher than ordinary fees at the action layer

(3) This subsection applies to fees, to the extent they are for performing the CDR action in accordance with the valid instruction, if those fees exceed the fees that the person would ordinarily charge for performing actions of that type in the course of the person’s business.

Note: This confirms that the person can continue to charge what the person ordinarily charges at the action layer, but no more than this.

(4) To work out the fees that the person would ordinarily charge for performing actions of that type in the course of the person’s business, have regard to any criteria specified in the consumer data rules.