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Consumer Legislation: Suspension of Procedural Terms and Hearings
Marval, O'Farrell & Mairal
Resolution No. 98/2020 and its amendments (Resolution No.s 105/2020, 113/2020, 123/2020 and 132/2020) iss...
Resolution No. 98/2020 and its amendments (Resolution No.s 105/2020, 113/2020, 123/2020 and 132/2020) issued by the Secretariat of Domestic Trade (the "Secretariat"), within the Health Emergency framework (declared by Law No. 27,541 and ruled by Executive Decrees 260/2020 and amendments, 297/2020, 325/2020, 355/2020, 408/2020 and 459/2020) established at a national level:
1. The suspension of all procedural terms in all proceedings pending resolution before Consumer Protection authorities, under Law No. 24,240 (Consumer Protection Law) and Law 26,993 (System for the Resolution of Disputes in Consumer Relations Law), among others, as of March 16, 2020 up to and including May 24, 2020.
2. To address and resolve urgent matters, requested and defined as such by the Secretariat. The General Reception Desk of the Ministry of Productive Development's Office will remain operative for these matters.
3. The suspension of hearings before the Consumer Relations authority (the "COPREC", after its acronym in Spanish), irrespective of the validity of the events held, whether in person, remotely or by electronic means, from March 16, 2020 up to and including May 24, 2020.
4. To provide a minimum emergency service for the same period referred above, at the COPREC Reception Desk, to address urgent matters.
5. The suspension of all procedural terms, deadlines and hearings set within the framework of the National System of Consumer Arbitration, created by Decree No. 276/1998, for the same purposes and the same period.
Claims regarding infringements to the Consumer Protection Law can still be made by electronic means through the different websites of local offices, although requests for hearing appointments are not available.
By means of Provision No. 2594/2020 (which was modified by Provision No. 2627/2020 and extended by Provisions No. 2718/2020 and 3156/2020), the General Consumer Protection Authority of the City of Buenos Aires (the "DGDYPC", after its acronym in Spanish), provided for:
1. The suspension of all procedural terms and deadlines, as of March 17, 2020 until May 24, 2020, including both dates, and extending them for a 60-day term. The suspension does not apply for companies which have adhered to the electronic service system.
2. The monitoring of the proper functioning of the online system for receiving claims regarding infringements to the Consumer Protection Law.
3. The suspension of all hearings set under laws No. 757 and No. 941, as of March 19, 2020 until May 24, 2020, which will be rescheduled accordingly to the development of the current Health Emergency.
4. The validity of these measures will be automatically extended, according to the measures that the Argentine Executive may issue in relation to a possible extension of the social, preventive and mandatory isolation.
It is important to pay close attention to the new rules that different local entities may issue to determine how and when procedural terms will start running again, and hearings will be re-scheduled.
Litigation & Dispute Resolution 2022
Marval O'Farrell Mairal