Consumer protection

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CONSUMER PROTECTION

Hyper-vulnerable consumers

On May 28, 2020, Resolution No. 139/2020 was published in the Official Gazette. By the aforementioned Resolution, the Secretariat of Domestic Trade included the category of “hyper-vulnerable” consumers within the concept of consumer as defined by Law No. 24,240 of Consumer Protection (“LDC” in its Spanish acronym).

Such category includes individuals affected by special circumstances that cause them difficulties to fully exercise their rights as consumers and non-profit legal entities whose by-laws are aimed to protect those groups.

The following may qualify as “hyper-vulnerability” cases, required to fit into the category, among others:

a) Claims involving children or adolescents rights ‘protection

b) Being part of the LGBT+ community.

c) Being older than 70 years.

d) Disabled persons, according to the pertinent certificate of Disability.

e) Being a migrant or a tourist.

f) Being part of native communities (“pueblos originarios”)

g) Rurality.

h) Individuals living in neighborhoods as defined by Law N° 27, 453 (“barrios populares”).

i) Experience socio-economic vulnerability circumstances proved by:

i. Being a beneficiary of retirement pensions or an employee under an employment relationship with a gross salary less than or equal to two adjustable minimum living salary.

ii. Being a monotributista (taxpayer under the single tax regime) registered in a category whose annual monthly income does not exceed twice the adjustable minimum living salary.

iii. Being a beneficiary of a contributory pension who receives a gross monthly income that does not exceed twice the adjustable minimum living salary.

iv. Being a beneficiary of the Pregnancy Allowance for Social Protection or the Universal Child Allowance for Social Protection.

v. Being registered in the social single tax regime (monotributo social).

vi. Being registered in the Special Social Security Regime for employees of the Domestic Personnel.

vii. Being holder of a South Atlantic War Veterans Life Pension.

In every administrative proceeding involving “hyper-vulnerable” consumers, the following principles shall be considered:

- Accessible language: all communication must use clear, colloquial language, expressed in a plain, concise, understandable and appropriate way.

- Reinforced duty to collaborate: providers must display a behavior tending to guarantee the adequate and rapid composition of the conflict, giving all their possible collaboration.

The Undersecretariat for Actions for the Defense of Consumers must arbitrate the measures necessary to implement the Resolution, taking into account its goals and functions, which tend to give practical effectiveness to the special protection provided by the rule.

The Resolution entered into effect on May 28, 2020.

Should you need further information, do not hesitate to contact Martín Torres Girotti, Melisa Romero, María Victoria Casale and/or Clara Rubio Goenaga.