/ Summary of 2021-2022 consumer and Sernac regulations

The year 2021 was strongly marked by changes in consumer protection, especially by the recent publication of the Pro-Consumer Law, which brings important challenges for suppliers of products and services. Below is a summary of the main developments that occurred during the last year in consumer regulation and those that we recommend to watch for 2022.

María Ignacia Ormeño Sarralde
Associate Attorney
Alessandri Abogados

Publication of Law 21,398 / Pro-Consumer Law (December 24, 2021)

Sernac Interpretative Circular Letters:

• Circular letter on fairness criteria in provisions contained in adhesion contracts.
• Circular letter on consumer protection against the use of artificial intelligence systems in consumer relations.
• Circular letter on fairness criteria in provisions contained in adhesion contracts referring to collection and processing of consumer personal data.

Regulations:

• Regulation on Electronic Commerce.
• Regulation on the analysis of economic solvency and information to consumers (under consultation).
• Regulation on the form and conditions under which suppliers must communicate the exclusion of the withdrawal right (under consultation).

Forthcoming regulations under consultation:

• Regulation on the shelf life of products.
• Regulation on alternative dispute resolution systems (Article 3 paragraph g) of Law No. 19,496 [Consumer Protection Law]).

Bills:

• Bill No. 11835-03 amending the Consumer Protection Law sanctioning companies that incur in telephone harassment in sending promotions or advertising to consumers (simple urgency).
• Bill No. 14634-03 amending the Consumer Protection Law, regarding information on warranty and technical service of new motor vehicles.

Sernac studies and other documents:

• Report on the use of dark patterns in electronic commerce.
• Catalog of abusive clauses included in contracts.
• Exploratory study on the risks of consumption of devices with Internet of Things (IoT).
• Study on the evaluation of options requesting consumer consent in relation to the use of cookies (not yet published).
• Study on measurement disparity for the same size and type of garment.

Actions filed by Sernac:

Collective actions:

• Compensation of insurance companies for delays in vehicle repairs.
• Return of out-of-court collection commissions to banks and financial services for money illegally collected as “legal fees”.

Collective voluntary procedure:

• Compensatory proposal for non-compliance in internet purchases, mainly due to delays in delivery times.
• Refund of boarding fees paid by passengers of some airlines when they have not taken the flight for any reason.
• Compensation for non-compliance in the free delivery of GPS to consumers who purchase automobile insurance (pursuant to Anti-ramming Law).