The position of the “Customer Defender” was Created

On July 6, 2018, Resolution 394/2018 of the Secretariat of Commerce, under the authority of the Argentine Ministry of Production, was published in the Official Gazette. This Resolution created the “Customer Defender” and established the procedure for the optional implementation of this figure, its function and the nature of its decisions. The aim is to incorporate an alternative method of resolving customer complaints and demands – in a simple and expeditious way – as related to the rights recognized under Consumer Protection Law and its complementary regulations.

The suppliers who voluntarily opt to adopt this system must propose the following items for the homologation of the Argentine Consumer Protection Office:

(i) A lawyer with verifiable background and sufficient credentials related to consumer protection; and

(ii) A bylaw outlining the function and procedure of the customer claim system adopted, which must take into account:

• How claims are received, treated and resolved.
• What types of claims are excluded from the Defender’s scope and the quantitative limits of claims.
• Which procedures are available to file complaints related to the suppliers’ noncompliance of the conciliatory agreements.

The customers will be informed – through different means – which suppliers have implemented this system by the Argentine Consumer Protection Office and by the suppliers themselves.

The Resolution also provides that these proceedings will be voluntary, extrajudicial, free of cost and must be completed within fifteen calendar days, extendable for another fifteen days for those cases that so require. In the event that the customer accepted the decision reached by the Defender, it would become binding and mandatory for the supplier. The refusal of the claim by the Defender or the non-acceptance by the customer does not prevent the customer from filing judicial or administrative proceedings.

In the event of infringements of this Resolution, the Argentine Consumer Protection Office could revoke the promulgated homologations, disabling the continuity of this system, without prejudice to other sanctions or measures that apply, according to the applicable legislation.

The Resolution invites all the local authorities implementing the Consumer Protection Law throughout Argentine Territory to apply the necessary means to broadcast the news about this figure and facilitate consumer claims, in their respective jurisdictions, to the suppliers that have implemented this system.