Peru: Term to respond to consumer claims (reclamos) and complaints (quejas) shortens
Peru Consumer Protection Alert
The new term for suppliers to answer consumer claims (reclamos) is 15 business days, time which cannot be extended, replacing the previous term of 30 calendar days, which could be extended for an additional 30 days. Additionally, the amendment provides that the supplier must now answer complaints (quejas) and within 15 business days.
On March 22, 2022, Law No. 31435, Law that amends the Consumer Protection Code, was published in order to reduce the response time of claims (reclamos) filed by consumers and, likewise, to oblige suppliers to answer complaints (quejas) within the same term (hereinafter, the "Law").
Prior to this amendment, suppliers had a maximum term of 30 calendar days to respond to claims (reclamos) filed by consumers, which could be extended for an additional 30 calendar days if the nature of the claim justified it. However, the new maximum term to respond to claims will be 15, non-extendable, business days.
The other relevant change is that, prior to the amendment, suppliers were not obliged to reply to complaints (quejas) filed in the Complaints Book, but with this modification they must do so and, in addition, within the same non-extendable period of 15 business days provided for claims (reclamos).
The Law will become fully effective in 60 calendar days and, consequently, the new non-extendable 15 business day response period will be applicable for claims (reclamos) and complaints (quejas) filed on or after May 21, 2022.
It should be noted that the Law itself orders INDECOPI to issue or adapt the necessary directives to implement this change, granting it a maximum term of 30 calendar days to do so, which will expire on April 20, 2022.
A highlight of the amendment is that the new term of response is not applicable to entities of the financial and insurance system supervised by the Superintendence of Banking, Insurance and AFP (SBS). The aforementioned entities have a special sectorial term of response of 30 calendar days, extendable exceptionally, in accordance with numeral 88.1 of article 88 of the Consumer Protection Code, in connection with numbers 1 and 9 of Circular No. G-184-2015, Circular of Attention to the User of the SBS.
To take into consideration
Peruvian consumer protection regulations distinguish between the concepts of "claim" (reclamo) and "complaint" (queja), depending on the disagreement that the consumer seeks to express to the supplier:
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