Federal One-Stop Shop for Consumer Complaints

Federal One-Stop Shop for Consumer Complaints

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As of May 29, 2021, suppliers that have web pages or applications should make available a link to the Federal One-Stop Shop[1] for consumer complaints under the caption: “Defense of Consumers. For claims. Enter here”

The Federal One-Stop Shop is a national channel for receiving consumer complaints from all over the country and their subsequent referral to the provincial system. Thus, its main purpose is to facilitate the reception and treatment of consumer complaints, to articulate with the local enforcement authorities of the Consumer Defense Law, among other functions and purposes.

The Federal One-Stop Shop is not a novelty, since it was incorporated in 2019 through Disposition 663/2019 of the then National Directorate of Consumer Defense. However, the Secretary of Domestic Trade of the Ministry of Productive Development issued Resolution 274/2021 (the “Resolution”) for the purpose of institutionalizing it. According to the Resolution’s motivations, and in view of the increase in the number of complaints received[2], the Authority has noticed the need to improve the process provided through the Federal One-Stop Shop, particularly regarding communications with suppliers and notifications by electronic means.

The Resolution expressly provides that any supplier to whom a claim is filed through the Federal One-Stop Shop must provide an electronic address within TEN (10) business days of being notified, provided that they have not done this before the Conciliation Service in Consumer Relations (known as “COPREC”)[3]. The address in question shall be considered as “constituted” and all notifications sent therein shall be valid.

Finally, non-compliance with this Resolution, which will become effective on May 29, 2021, will be subject to the sanctions of the Consumer Defense Law No. 24,240, which are: warnings, fines ranging from $100 (one hundred pesos) to $5,000,000 (five million pesos); seizure of merchandise and products subject to infringement; closure or suspension; and/or loss of concessions, privileges, tax or special credit regimes. In addition, the sanction may require the publication of the sanction in the media.

For further information please contact us at [email protected]

[1] Available at: https://www.argentina.gob.ar/produccion/defensadelconsumidor/formulario

[2] In relation to this point it is worth mentioning the 2020 Consumer Defense Claims Report published by the Secretary of Domestic Trade of the Ministry of Productive Development. The report shows that most of the claims were channeled through the Federal One-Stop Shop and that compared to 2019 claims have increased by 128%. The report is available at the following link: https://www.argentina.gob.ar/sites/default/files/informe_de_reclamos_-_2020.pdf

[3] Available at: http://www.consumoprotegido.gob.ar/

Angela

About Angela

Angela works closely with Team Lerman & Szlak, specializing in online intellectual property research and content.

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