Supreme Decree No. 101-2022-PCM, which was published on August 16, 2022 on the “El Peruano” Official Gazette, has amended the Regulations applicable to the Complaints Book required under the Consumer Protection and Defense Code, with the purpose of reducing the time to respond to the complaints filed by consumers against providers of goods and/or services, as well as introducing the time to respond to such complaints.
These amendments are in effect since August 17, 2022 and are specified in the table below:
|
Articles amended and/or introduced
|
Supreme Decree No. 011-2011-PCM (before) |
Supreme Decree No. 101-2022-PCM (now) |
|---|---|---|
| 3.4° | The complaint did not seek to obtain a response from the provider. | This reference has been removed. |
6° |
Providers must respond to the complaints filed by consumers within a maximum period of 30 calendar days. | Providers must respond to the complaints filed by consumers within a maximum period of 15 business days. |
| This period may be extended for an equal period when justified by the type of complaint and, in such case, the provider must inform the consumer of said extension before the initial period ends. | The period may not be extended. | |
|
6-A.2. b) |
The offering of a solution to the complaint by the provider to the consumer suspended the response time for a maximum period of 10 calendar days. | The offering of a solution to the complaint by the provider to the consumer suspended the response time for a maximum period of 5 calendar days. |
| 6-B | There were no provisions referred to the Response to Complaints. |
Providers must respond to the complaints filed by consumers within a maximum period of 15 business days. Providers must take into consideration the complaints received to optimize their processes. Suppliers will have the right to inform of the measures taken or to express their commitment to implement such measures but will not be required to provide any additional details. |
| Exhibit I | The footnote of the Complaint Form of the Complaints Book stated that: The provider must respond to the complaint in a maximum period of 30 calendar days and may extend such period for up to 30 additional days after notifying the consumer. | The footnote of the Complaint Form of the Complaints Book will state that: The provider must respond to the claim or complaint in a maximum period of 15 business days, which may not be extended. |
Without prejudice to the fact that these modifications came into effect on August 17, 2022, the new 15-business-day period to respond to the complaints filed by consumers is in effect since May 21, 2022, as a result of the entry into force of Law No. 31435 – Law which amends the Consumer Protection and Defense Code.
Contact
Carina Dávila, Legal Manager, Business Services & Outsourcing
Miluska Rosales, Corporate Legal Supervisor, Business Services & Outsourcing