As of May 21, the Ley 31435which modifies the deadlines for a company to meet the claims and complaints filed by its consumers. That is how you are have 15 working days since they receive the comments to respond to them, without having the possibility of extending this period. Previously, the rule established a term of 30 calendar days that might be extended for up to 30 additional days if the company requested it.
If they do not manage to meet the claims within the required period or if they do not respond, they will be fined for amounts that depend on the fault and the size of the company.
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Micro-enterprises and natural persons will receive fines even by an ITU in case of responding to the claims Out of time.
If they do not respond to complaints, the maximum fine for micro-enterprises and natural persons is 2.5 UIT; for small companies, 5 UIT, and for medium and large companies, 10 UIT.
In addition to this, companies with these cases must send the documentation corresponding to the complaints book to the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) when users have requested it.
Costs and complaints
According to specialists consulted, this rule does not differentiate the complexity of the claims that companies from different sectors can receive. This would limit the possibility of giving a satisfactory response to a large business client.
“For a simple claim, such as a retail store, 15 days is ample time. However, in a more complex situation, such as the breakdown of a television or other appliance that may require more in-depth attention, this is a short term”, affirmed Diego Torres, specialist in consumer protection law at the Arbe Abogados firm.
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This situation will force companies to adapt their logistics in order to meet claims to reduce the times that lead to its resolution. For Enrique Cavero, partner of the Hernández study, these changes will bring with them an increase in operating costs. ”A higher level of demand will always generate a higher cost. A shorter term to comply with what you did before will cost companies a little more. The problem would be that some transfer that additional cost to the price of the products”, he indicated.
According to Verónica Vergaray, director of the Competition and Intellectual Property area of Philippi Prietocarrizosa Ferrero Du & Uría, this cost can translate into updating the flow with which disputes are resolved. claims. For example, in the case of a defective appliance, this includes the transfer from the store to the warehouse and from there to the manufacturer itself.
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Likewise, he indicated that customer service in the same stores should be improved to prevent their queries from leading to claims. “The person who is in front of the consumer who thinks he has a problem must know how to respond. If the information is taken care of and transferred correctly, it will avoid claims“, he claimed.