Not upheld: call termination policy - fairness and reasonableness complaint against Nationwide Building Society

Decision detail

Summary

Mr and Mrs M complained to the FOS about Nationwide Building Society's call termination policy and app access issues. During a call to report app problems, a staff member asked Mr M if he was driving; when Mr M did not respond and sounds associated with driving were heard, the call was terminated in accordance with NBS's policy. Mr M argued the policy was unlawful and that he was entitled to use a hands-free phone while driving. The ombudsman found the policy to be fair and reasonable as a safety measure, clarified that the FOS determines fairness rather than legal compliance, and noted that NBS had communicated the policy clearly to Mr M. The complaint was not upheld.

The Ombudsman's reasoning

The ombudsman determined that NBS is entitled to design and implement regulator-approved policies, and that the call termination policy is reasonable from a fairness perspective as it is designed to keep customers safe. While acknowledging Mr M's concerns about legality, the ombudsman clarified that the FOS remit is to determine fairness and reasonableness, not to rule on legal matters. The ombudsman found NBS communicated the policy clearly and acted reasonably in terminating the call when Mr M neither confirmed nor denied driving and sounds associated with driving were present.

How this compares

Source

Read the original decision on the Financial Ombudsman Service website