Procedure For Filing And Processing Ethics Complaints
The Complaint Procedure has been developed to provide an orderly and interactive process for resolving complaints alleging violations of the Tradeloop Code of Business Practices and Ethics. The page explains how complaints will be filed and processed by the Ethics Committee. The Ethics Committee consists of volunteer Wholesale Members of Tradeloop. The Committee does not render awards of monetary damages.
Note: If you believe the Tradeloop community needs immediate notification about someone who may being attempting to defraud members, please use our Fast Track Fraud Alert.
Blog-based Dispute Resolution
Tradeloop is a pioneer in our industry for utilizing a blog-based method for dispute resolution. Blog-based dispute resolution means that all interactions between the Complainant, the Defendant and the Members of the Ethics Committee will occur interactively online.
Each party to the dispute will have the opportunity to upload relevant information, documents or photos necessary for resolving the issues. This provides the Members of the Ethics Committee with quick access to all of the relevant information and also gives them an opportunity to post questions or ask the parties for clarification if needed.
Blog-based dispute resolution also makes the dispute resolution process more transparent for Tradeloop Members by allowing all parties to the dispute to post and share information. The result is a more collaborative and friendly process with fairer and more efficient solutions to disputes between Members.
- FILING A COMPLAINT.
- Against Members.
Members may file complaints against other Members of Tradeloop. By filing a complaint, a member agrees to be bound by the Code, follow the Complaint Procedure and participate in all proceedings hereunder.
- Against Non-Members.
Tradeloop does not have jurisdiction over non-members. However, if a non-member is willing to abide by the Code and participate in these proceedings, the Ethics Committee, at its discretion, may process the complaint. If a non-member chooses to not respond, this fact, as well as the original allegation, will be made known to the Tradeloop Membership. The non-member cannot join Tradeloop until they respond to the complaint.
- Against Members.
- COMPLAINT PROCEDURE.
Step 1: Submit an Online Complaint Form
- All complaints must be made by filling out and submitting the online Ethics Complaint Form
- The complaint must include the following: (a) a brief summary of the facts; (b) the party against whom the complaint is filed; (c) the specific Articles of the Code alleged to have been violated; and (d) the act that constitutes the alleged violation. Hyperlinks to copies of all relevant supporting documents must be submitted with the complaint.
- Please note: Tradeloop will not help a complainant or a defendant prepare their case. We cannot accept physical or faxed documents. These need to be collated, scanned, and posted online by the case participants. All case-related information MUST be posted to the Blog or the committee will not see it. Please do not email or mail any information to Tradeloop or to Members of the Ethics Committee.
Step 2: Ethics Committee Procedures and Posting to the Case Blog
- Processing and Service of Complaint and Response
- Upon receipt of the completed Complaint, the Ethics Committee will process the Complaint, ask the complainant for any necessary clarifications, and then send a copy of the Complaint via email to the named defendant seeking a response.
- The defendant has seven (7) business days to respond by posting any relevant information to the case blog (a link is provided). A copy of the defendant’s response is automatically emailed to the complainant.
- The defendant and complainant may then communicate for a period of time via the case blog in an attempt to amicably resolve their differences, adding relevant information as they go.
- The Ethics Committee can see all posts to the case blog and will comment as necessary. All communication must occur via the case blog. The Ethics Committee will not read or respond to information emailed directly, nor will they respond to phone calls. Direct communication to the Committee regarding pending disputes is considered, in itself, a violation of the Code of Ethics.
- Any relevant information, other than text, such as photos or documents that the defendant or complainant wish to upload to support their case may be uploaded by using a site such as Photobucket or similar and providing a link to the information within the case blog post.
- If the parties cannot resolve their differences and all relevant information has been uploaded to the case blog, the case will “go into Committee” for a vote.
- If the defendant does not respond to the complaint within seven (7) business days, it will be found that the defendant has chosen to not dispute the complaint and the complaint will be publicly posted online to the Tradeloop Community. Tradeloop Ethics Coordinator will do due diligence via phone and email to contact the defendant.
Step 3: Ethics Committee Voting
When the Committee Members vote on a case, they have four options from which they can choose:
- Take no action.
Tradeloop takes no action against the defendant at this time. However, the case remains on file for the Ethics Committee. - Send a private written warning to the defendant.
Tradeloop sends a written warning to the defendant letting them know they are in violation of Tradeloop's Ethics Code policy. - Post and Broadcast the complaint to the Tradeloop community.
Tradeloop sends a written warning to the defendant, the complaint then gets posted to the defendant's account page, posted on the Posted Ethics Cases page, and also Broadcast to all Tradeloop Members. - Post and Broadcast the complaint, and Ban the defendant from Tradeloop.
Tradeloop sends a written warning to the defendant, the complaint then gets posted to the defendant's account page, posted on the Posted Ethics Cases page, Broadcast to all Tradeloop Members and the defendant is Banned from Tradeloop.
- All complaints must be made by filling out and submitting the online Ethics Complaint Form
- WITHDRAWAL.
- In the event a party attempts to withdraw its complaint or the parties agree to dismiss the complaint, the Ethics Committee reserves the right to take further action on the complaint. Once a complaint has been heard, settlements made between the parties will not alter the Ethics Committee's findings.
- THREE COMPLAINTS AGAINST A COMPANY OR MEMBER.
- In the event three complaints resulting in Sanctions have been filed against a
party within any twelve-month period, Tradeloop shall review and, if appropriate, notify the Membership of the following:
- The names of the parties to each complaint;
- The date of filing of each complaint; and
- The outcome of each complaint.
- In the event three complaints resulting in Sanctions have been filed against a
party within any twelve-month period, Tradeloop shall review and, if appropriate, notify the Membership of the following:
- RESPONSES TO INQUIRIES.
- Matters of the Ethics Committee are and will remain private and confidential, except in the issuance of a complaint.
- Matters involving posting of a Complaint are available to the Tradeloop Wholesale Community.
- A copy of the notice sent to the Membership regarding three complaints against one company, pursuant to Paragraph V, shall be furnished in response to any inquiry about such company for the twelve months following the notice regarding the three complaints filed.
last updated: 1/12/2009