New Legislation of the City of Buenos Aires on Information Provided to Consumers

On December 17, 2018 the Official Gazette of the City of Buenos Aires issued Law No. 6052 that defined the conduct of spreading flyers, advertisements, brochures or other similar communications with messages that induce consumers to believe that the provider is released from liability and seek to dissuade them from exercising their rights as an abusive practice against consumers’ rights.

The wording of the law suggests that both the reference to an anticipated exoneration and the dissuasion must be included in the communication issued to the consumer to meet the conduct in question. This law follows the criteria set by the Civil and Commercial Code and the Consumer Protection Act which establishes that consumers must receive trustworthy information and that the early waiver of consumers’ rights and the providers’ anticipated release of liability are both forbidden conducts.

The new law provides for the General Agency of Consumers’ Defense and Protection of the City of Buenos Aires (or whichever entity that replaces it) to be the enforcing authority with the authority to investigate and pursue the claims regarding these types of conducts, and where necessary apply the sanctions regulated by the Consumer Protection Act.