"Article 1.-Introducense the following modifications in the law No. 19.496, on protection of the rights of consumers: 1. Add the following second paragraph in article 3:"(Son derechos deel consumidor de productos o servicios financieros: a) receive the total cost of the product or service information, including meet the annual equivalent referred to in article 17 G load "" , and be informed in writing of the reasons for the rejection to the hiring of financial service, which must be based on conditions objective.
(b) meet the objective conditions which the supplier sets prior and publicly to access credit and other financial operations.
(c) the timely release of the guarantees constituted to ensure compliance with their obligations, once extinct they.
(d) the assessor of property offered in guarantee, among the alternatives that present financial institution to choose.
(e) meet the total liquidation of credit, your only requirement. "."
(2 delete, in the letter c) of article 10, the phrase ", in accordance with the provisions of article 55".
3 Agreganse, then of article 17, the following articles 17-A 17 l: "article 17 a.-providers of goods and services whose conditions are expressed in adhesion contracts let in simple terms the payment of goods and services already provided, understanding so that the presentation of this information must allow the consumer check if effected payment is adjusted to the conditions and prices charges, costs, fees and commissions described in the contract. In addition, all promotion of such goods and services will always indicate the total cost of the same.
Article 17 B-contracts of adhesion of credit services, insurance and, in general, of any financial product, made by banks and financial institutions or societies of support to commercial establishments, its rotation, compensation, insurance companies, credit unions, and any natural person or legal provider of such services or products, shall specify a minimum (, in order to promote its simplicity and transparency, as follows: to) a breakdown of the detailed charges, commissions, costs and rates that explain the actual value of the services provided, even those charges, commissions, costs and rates partners not part directly from the price or which correspond to other products at the same time and, where appropriate, exemptions from payment promotions or incentives for use of financial products and services.
(b) the causes that give rise to the anticipated term of the contract by the provider, the reasonable period of time in which will be included this term and the medium by which will be communicated to the consumer.
(c) the duration of the contract or its character of indefinite or renewable automatically, the grounds, if any, which may result in its term anticipated by the single will of the consumer with their respective terms of notice and any costs by term or total or partial advance payment representing it.
(d) without prejudice to the provisions of the article the first paragraph 17 H, in the event that several products or services are contracted simultaneously, or that the product or main service entailing the hiring of other products or related services, you must insert an annex in which to identify each of the products or services, is stating clearly what are mandatory by law and what volunteers and must be approved expressly and separately each of these products and related services by the consumer by means of his signature in the same.
e) if the institution has a service customer who treats inquiries and complaints from consumers and noted in an annex the requirements and procedures for access to such services.
f) if the contract or not with existing SERNAC seal pursuant to article 55 of this law.
(g) the existence of mandates awarded pursuant to the contract or as a result of this, its goals and the mechanisms through which they will surrender account management to the consumer. Mandates in white and those who do not support its repeal by the consumer are prohibited.
Contracts deemed charges, fees, costs or fees for use, maintenance or other purposes shall clearly specify amounts, frequency and adjustment mechanisms. The latter should be based always objective conditions that do not depend on the sole discretion of the provider and are directly verifiable by the consumer. Anyway, the values applicable should be given to the consumer with thirty business days in advance, at least with respect to their entry into force.
Article 17 C-accession of financial products and services contracts shall contain at the beginning a sheet with a standardized summary of its main provisions and suppliers must include this sheet in their quotations, to facilitate their comparison by consumers. Regulations issued pursuant to this Act shall establish the format, content, and other features that this sheet summary must contain, which can differ between the various categories of financial products and services.
Article 17 D-providers of financial services agreed by contract of adhesion shall be communicated periodically, and within a maximum period of three working days when requests it the consumer, the information relating to the service that allows you to know: the total price already charged by the contracted services, the total cost that implies putting an end to the contract before the originally agreed expiration date , the total value of the service, the annual equivalent load, if applicable, and other relevant information, to be determined by the regulation on the conditions of the contracted service. The content and the presentation of such information shall be determined in the regulations that they handed down according to article 62.
Providers may not make changes to prices, rates, charges, commissions, costs and rates for a product or financial service, on the occasion of renewal, restoration or replacement of the hardware necessary for the use of the product or service whose contract is effective. Never such renovation, restoration or replacement may be conditional upon the conclusion of a new contract.
Consumers have the right to put an end to one or more financial services by his own will in advance and always that extinguished completely with the supplier obligations associated with the specific services that the consumer decides to finish, including the cost per term or advance payment determined in the contract of adhesion.
Credit providers may not delay the term of contracts of credit, your advance payment or any other procedure requested by the consumer that aims to put an end to the contractual relationship between it and the entity providing such credits. Shall be considered delayed any delay exceeding ten working days once extinguished completely with the supplier obligations associated with the specific services that the consumer decides to finish, including the cost per term or advance payment determined in the contract of adhesion. Also, providers will be required to submit, within a period of ten working days, to consumers who request it, certificates and records that are necessary to renegotiate loans that had contracted with that entity.
In the case of mortgage loans, in all its forms, may not be included in the contract of mutual another mortgage that is not that cautioned the credit that is engaged, unless written request of the debtor by any physical or technological means. Completely extinguished the caucionadas mortgage obligations, credit provider shall grant the deed of cancellation of the mortgage within a period of 15 working days.
Providers of loans that offer automatic payment account or electronic transfer mode may not restrict this offer means electronic or automatic is of the same institution, and must enable the automatic payment or transfer agreement can also be performed by a different institution.
Article 17 E-consumer affected may request the nullity of one or more clauses or provisions that violate article 17 B. This Declaration of invalidity may be declared by the judge where the contract can survive with the remaining provisions or, in their absence, the judge may order the adequacy of the relevant clauses, without prejudice to compensation which may be determined in favour of the consumer.
This invalidity may only invoke affected consumer, so that the supplier may not invoke it to exempt or retard the partial or total fulfilment of the obligations imposed by the respective contracts in favor of the consumer.
Article 17 f.-providers of services or financial products and insurance to the public in general, not can send products or contracts representative of them that have not been requested, at the address or place of work of the consumer.
Article 17 g.-providers must inform the equivalent annual load in all advertising of credit operations that will report a fee or interest rate of reference and which is carried out by any individual or mass media. In any case, must grant to the advertising of the annual load a treatment similar to that of the share or interest rate reference, in terms of typography of the graph, extension, location, duration, diction, repetitions and listening level.
However, contributions may not have validity less than seven working days for its communication to the public, as determined by the rules according to the nature of each contract.
They must also inform on any contribution credit all prices, rates, charges, fees, costs, rates, conditions and validity of the product. They must also inform comparisons with those same values and conditions where they are contracted separately. This information should be a treatment similar to that of the share or interest rate of reference, in terms of typography of the graphic, extent and location.
Article 17 H-products or financial services providers may not offer or sell products or services in a way tied. Means that a product or financial service is sold in the attached form if the supplier: a) imposed or conditions to the consumer the hiring of other products or services, additional, special or related, and b) does not have it available to be engaged separately when you can get that way with other providers, or having them available in this way , mean buy it at arbitrarily discriminatory conditions.
Providers may not be increases in prices, interest rates, charges, fees, costs or rates for a product or financial service that depends on the maintenance of other, faced closure or resolution of the latter by the consumer, when this is not due to reasons attributable to the consumer.
For those contracts with the label to which refers article 55 of this Act, if the service to the client, the mediator or the financial arbitrator receives a claim filed by the consumer for non-compliance with the preceding paragraph, the supplier shall rescind the change and return to consumer the amounts collected in excess.
The supplier of goods or financial services may not restrict or condition the purchase of goods or services for consumption is carried out exclusively with a means of payment managed or operated by the same supplier, by a related company or a company in support of the giro. The foregoing is without prejudice to the right of the supplier to offer discounts or additional benefits associated exclusively with a means of payment administered or operated by any of the designated subjects.
Article 17 i.-when the consumer has granted a mandate, an authorization, or any other legal act that will automatically pay the whole or part of the balance of your account, your credit or your credit card, you can rescind the mandate, authorization or legal act at any time, with no more formalities than those which have due for granting the legal act which is revoking.
In any case, the revocation shall have effect only from the subsequent pay period or subscription that corresponds the obligation concerned.
The nonperformance of the reversal informed the supplier of the product or service will result in compensation for all damages and will boast a breach of this article.
In no event shall exemption of the liability of the supplier the circumstance that the revocation must be executed by a third party.
Article 17 J-products or financial services providers should develop and provide, for each natural person who undertakes as a surety or guarantor or co-signer solidarity of a consumer, a document or explanatory sheet on the role of guarantor, guarantor or co-signer solidarity, as the case may be, which must be signed by it. This brochure will explain in simple form: a) the duties and responsibilities that is repeating the surety, guarantor or co-signer solidarity, as applicable, including the amount that should be paid.
(b) the means of collection that will be used to require that you pay, if any.
(c) the foundations and the consequences of the authorizations or mandates granted to the financial institution.
Article 17 k.-failure of a provider pursuant to articles 17 to 17 B J and regulations established for the implementation of these standards, affecting one or more consumers, shall be punished as a single offense, by a fine of up to seven hundred and fifty monthly tax units.
Article 17 l.-providers of services or financial products that deliver the information that is required by this law so misleading to the consumer or by misleading advertising, without which is has not contracted the service or product, will be punished with the penalties provided for in article 24 in their respective cases, without prejudice to compensation which can determine the judge competent according to the present law.
4 Insert the following second paragraph, in article 26 becoming the current third paragraph: "the period referred to in the preceding paragraph shall be suspended when, within this, consumer brought a claim before the service to the client, the mediator or the national consumer service, as the case may be. This period will continue to run after the processing of the respective claim. "."
5 Add in the fourth subparagraph of article 30, then the separate point, which happens to be followed, the following sentence: "the same information, as well as the characteristics and essential features of the goods or services, must be indicated on the websites in which providers exhibit goods or services offering and complying with the conditions determined by the regulations.".
6. Add, then de l'article 54 G, the following title: "Title V of seal SERNAC, the service of customer service and dispute solution system", becoming saw the current title V, and agreganse under the heading the following articles 55, 55, 55 (B), 55 C, 55 D, 56, 56, 56 56 C , 56 d, 56 E, 56 F, 56 G and h 56: "article 55.-the national consumer service should award a seal SERNAC to contracts of adhesion of banks and financial institutions, commercial establishments, insurance companies, compensation, cooperative credit unions and other credit providers, insurance and, in general, of any financial product" When these entities request it and to demonstrate compliance with the following conditions: 1.-that the national consumer service finds that all contracts of accession that offer and which are designated by the following subsection conform to this law and the regulations issued under it;
2 that you have a service customer who treats inquiries and complaints from consumers, and 3-allowing the consumer to have recourse to a mediator or a financial arbitrator who resolved disputes, complaints or claims, in the event that it considers that customer service has not responded satisfactorily inquiries or claims for any product or financial service provider granted pursuant to a contract of adhesion than those specified in the following paragraph.
Providers of financial products and services who wish to obtain the seal SERNAC shall submit all contracts of adhesion that offer, concerning the following products and financial services to the revision of the national consumer service: 1.-credit and debit cards.
2. current accounts, view accounts and lines of credit.
3 savings accounts.
4. mortgage loans.
5. consumer loans.
(6. General terms and conditions of collective insurance contracts of desgravamen, severance, fire and earthquake, associated with the financial products and services listed in the previous issues, is that they are or not subject to the system of deposit of models of policies, pursuant to the letter e) of article 3 of the decree with force of law N ° 251 , 1931, of the Ministry of finance.
7 other financial products and services of characteristics similar to those listed above that point to regulation.
Article 55 A.-the national consumer service will have sixty days to rule on an application for granting of seal SERNAC, counted from the date of receipt of the respective contracts, in the form determined by this service through exempt resolution.
Exceptionally, and upon request of the national consumer service, the Minister of economy, development and tourism, through exempt resolution, may extend this period by up to 180 days additional, if the number of contracts submitted to its consideration exceeds the capacity of referral service detailed review.
If the national consumer service is not pronounced in the period referred to in subsection or, where applicable, within the period extended pursuant to the preceding paragraph, the contracts subject to your knowledge have SERNAC seal by the only Ministry of law.
Article 55 B.-the company that has contracts with SERNAC seal and offer consumers the hiring of a product or financial service listed in the second paragraph of article 55 under a new contract of adhesion, shall submit it prior to the national consumer service so this check compliance with the conditions laid down in that article.
The provider of financial products and services that modify a contract of adhesion with SERNAC seal must submit it previously to the national consumer service, so this check, within the period indicated in subparagraph first of the previous article, that modifications meet the conditions laid down in paragraph first of article 55, where it would like to maintain the seal SERNAC.
Article 55 C-SERNAC seal be revoked by the Director of the national consumer service-free resolution.
The loss or revocation of the seal SERNAC shall be based in that for reasons attributable to the supplier's products or financial services has broken any of the conditions laid down in this title; in that have been rendered ordered final judgements declaring the nullity of one or more clauses or provisions of a contract of accession relating to products or financial services of those listed in the second paragraph of article 55, as provided for in article 17 E; that fines applied him for violations to provisions of this law in relation to products or financial services offered through a contract with label SERNAC; where fines have been applied you by supervising bodies to sanction powers regarding infringements provided for in special laws; the number and nature of complaints from consumers against the implementation of such products or services; or, finally, that the supplier, natural or legal person, or any of its managers, has been formalized by a crime that affects a group of consumers. The rules laid down in number 4 of the second paragraph of article 62 set parameters objective, quantifiable, and proportional to the size of the suppliers and the number of their subject to contracts with seal SERNAC clients that allow to determine the origin of the grounds mentioned.
Resolution of the Director of the national service of consumer that deny the granting of seal SERNAC, or to revoke it, will be claimable by the Minister of economy, development and tourism, within ten working days, counted from its notification to the supplier. The claim must resolve within the period of 15 working days from its filing.
Resolution mandating a loss or revocation, oblige the provider to immediately suspend all advertising related to the seal and all distribution of their contracts with graphic or written references to the label, according to the regulation.
Article 55 D-providers that promote or distribute a contract of accession of a product or financial service without seal SERNAC as if any, or which do not meet the obligations set out in the final paragraph of article 55 C, shall be punished by a fine of up to a thousand monthly tax units.
Recidivism shall be punished with fine applied twice. In the case of this article do not govern the time limit of one year laid down in the third subparagraph of article 24 to qualify the recidivism.
Article 56.-Service the customer required to comply with the condition provided for in paragraph 2 of subsection first article 55 will be organized by the providers listed in this title, in the form of sole or joint, and will be free for consumers who have signed a contract of accession of those listed in the second paragraph of article 55 , a provider that has stamped SERNAC.
Customer service must be founded answer claims of consumers, within the period of ten working days from its presentation. This response shall be communicated to the consumer in writing or by any means physical or technological and copy of it will be sent to the national consumer service.
The supplier must comply to what the response of the service customer within five working days, counted from the communication to the consumer.
In the event of breach of the obligations set forth in the two preceding subparagraphs, the national consumer service must denounce the supplier before the judge of competent local police, so that, if appropriate, punish him with a fine of up to fifty units tax monthly, without prejudice to the right of the affected consumer to report non-compliance with the obligations referred.
Article 56 A-mediator and the financial arbitrator required to comply with the condition provided for in point 3 of the first paragraph of article 55, may only intervene in a dispute, complaint or claim submitted by a consumer that is not in accordance with the response of the customer service and who has not exercised the actions that gives this law before the competent court.
The mediator and the financial arbitrator must be registered on a list drawn up by the national consumer service, which should be updated and available on its web site. This list should be divided regionally, specifying the communes and offices in which each mediator and arbitrator financial will be available to perform their function.
The inscription of the mediator and the financial arbitrator will last five years and to renew must demonstrate that it maintains the requirements laid down in this title.
The mediator or the arbitrator financial, as appropriate, shall be elected from the list referred to in the second paragraph, by the provider and the consumer's agreement, within five working days of the presentation of the dispute, complaint or claim of the consumer with respect to the response of the service the customer. Where there is no agreement or expires the deadline without having the choice of common agreement, the consumer may require the national consumer service so designated it, within the members enrolled in the list referred to in the second paragraph of this article, by an automatic system allowing to equitably distribute the workload of the mediators and arbitrators financial enrolled in payroll.
Resources for the payment of the fees of the mediator and the financial arbitrator will be in charge of the suppliers, who will join, in accordance to what point the regulation, every six months the respective fee to the national consumer service, which shall be responsible for the fees of mediators and financial referees who have known claims with respect to that provider during the immediately preceding semester.
Financial arbitrator and mediator services are free to the consumer and their fees will be paid every six months by the national consumer service, according to a tariff fixed by exempt resolution of the Minister of economy, development and tourism, which may establish different fees for mediations and arbitrations, depending on the type of services or financial products.
Article 56 B-to integrate the list indicated in the previous article, the applicants to mediators must prove to the national consumer service that have a career of at least eight-semester professional title, awarded by an establishment of higher education recognized by the State, and experience not less than two years in financial, accounting or legal matters. In addition, they may not dependency or subordination or advice, relationships with any of the designated suppliers in this title, or having been convicted of a crime that deserves punishment disturbing.
The applicants financial arbitrators must possess the title of lawyer, demonstrate five years of professional experience and may not have dependency or subordination or advice, relationships with any of the designated suppliers in this title, or having been convicted of a crime that deserves punishment disturbing.
The rules shall lay down deadlines which must comply with stakeholders, as well as presentation and media that they must use to prove the circumstances listed in this article, and history that must accompany the application for registration for that purpose.
Mediators and financial referees must inform the national consumer service changes or modifications of the antecedents or conditions that allowed its incorporation to the payroll. Periodicity and mode that should inform these modifications shall be established in the regulation.
Resolution that falls to a mediator or a financial arbitrator on the payroll may be withdrawn when he incurs in any of the following grounds: 1. loss impending of the requirements set out in this article.
2 non-compliance with repeated the obligation established in the first paragraph of article 56 F, notify the consumer, the supplier and the national consumer service its mediations or final judgements, as applicable, within the period that is designated.
3 failure to disable is established in the fifth paragraph of article 56 c
Without limiting the foregoing, the National Director of the national consumer service may suspend the mediator or the financial arbitrator who has been formalized by a crime that disturbing worth, and while no final judgment is made. The Director of the service national consumer shall enroll the applicant who complies with the requirements of registration through exempt resolution founded. The resolution to reject or which revoke the registration will be enforceable before the Minister of economy, development and tourism, in the term of 10 working days, counted from its notification applicant, mediator or financial arbitrator, if any. The claim must resolve within the period of 15 working days from its filing.
The process of registering, the reversal and the remedy of complaint are subject to law No. 19.880 in matters not provided in this article.
In any case, the applicant who has the inscription, has rejected and the mediator or the financial arbitrator who has your registration has been revoked may exercise jurisdictional actions that they consider coming.
Article 56 C-the mediator can only be performed proposals for agreement on a dispute, complaint or claim within its competence according to subsection first article 56 A, if the disputed amount does not exceed 100 units of building.
The financial arbitrator only you can know a dispute, complaint or claim within its competence according to subsection first article 56 A, if the disputed amount exceeds one hundred units of promotion, except that with respect to lower amounts you have taken this quality in the case referred to in the third subparagraph of article 56 D.
However, the mediator and the financial arbitrator may not intervene in the following matters: 1.-which should only undergo an ordinary or special under another law court.
2. those who have been previously subjected to a competent judge by the recurrent consumer knowledge.
3. those who have been previously submitted to the knowledge of a competent judge in a collective or diffuse interest action which has appeared as part of the consumer.
In any case, it shall not apply to the financial arbitrator the prohibition of article 230 of the organic code of courts subject to knowledge of an arbitrator the causes of local police, long as they merge into a dispute, complaint or claim of those indicated in point 3 of the first paragraph of article 55, but the national consumer service must report the violation before the judge of competent local police who may apply to the vendor fine that corresponds according to the nature of the offence.
The mediator and the financial arbiter, as appropriate, shall disable in the event that they take knowledge that affects them one causal implication or disqualification provided for in paragraph 11 of title VII of the organic code of courts.
The mediator and the financial arbiter, as appropriate, their roles within three working days of the request or, where appropriate, communicate in the same term legal reason preventing them from doing so.
Article 56 D.-the consumer has not accepted the response of the service to the customer, may request the appointment of a mediator or an arbitrator financial before this service, which will formulate its controversy, claim or complaint in writing or by any technological means to vouch for his presentation and to allow its reproduction. Service customer immediately communicated to the provider, leaving a written record of the communication and its date, so that it agrees with the consumer within the period referred to in the fourth subparagraph of article 56 A, the mediator or the arbitrator financial who will assume the role, as appropriate. There is no agreement within the concerned period, the consumer may require directly to the national consumer service so appropriate to his designation.
Mediation must be concluded within thirty working days of the acceptance of the appointment by the mediator and, where appropriate, the proposed agreement accepted by the Parties shall comply within the period of 15 working days from the subscription by both parts of the document which gives account of the conditions of the agreement and the date which should be granted to an official of the national consumer service that is vested the quality of Minister of faith, in accordance with article 58 bis of this law, or the officer of the registry office corresponding to the domicile of the consumer.
Once the period indicated without that parties have agreed to the proposed agreement, the consumer may exercise shares vested the Act before the competent judge or request the national consumer service that will appoint a financial arbitrator within the time limit referred to in the fourth subparagraph of article 56 A.
Without prejudice to consumer alternatives identified in the preceding paragraph, if at the end of the term that should conclude the mediation the mediator has not formulated a proposal according to the parties, the consumer may require the national consumer service that replaces it by another mediator listed on the payroll, and such service may remove it from this through exempt resolution founded.
Article 56 E-financial arbitrator is subject to the rules applicable to the arbiters of law with powers of arbitrator as to the procedure, which must be necessarily started with a hearing with both parties within five working days of the acceptance of their appointment. At this hearing, the financial arbitrator will read to the claim or complaint of the consumer, the response from the service to the customer and to the mediator's proposal, if appropriate; you will hear immediately and without any further formality to the parties attending and will receive the documents accompanying these, giving a minimum period of three working days to make their comments present. The summons to this audience and the resolutions of the financial arbitrator shall be notified by email or certified mail as they agreed by the parties, and must give an account carried out actions and of its date.
The consumer may appear personally before the financial arbiter, but this may require, at any time, the intervention of attorney or an enabled agent to intervene in the trial, in the event that it considers it essential to guarantee the right to defence of the consumer.
The financial arbitrator will dictate final decision within ninety days following the acceptance of the cargo. Once the period indicated unless it has been given its final judgment, the national consumer service must replace it with another financial arbitrator and you can remove it from the payroll through exempt resolution founded.
Any final decision that welcome the dispute, complaint or claim of the consumer shall order the company to pay the costs of arbitration, determining fees the lawyer or the enabled agent of the consumer according to the tariff of the College of lawyers of Chile. On the other hand, only the final ruling rejected the dispute, complaint or claim for hosting of the exception of res judicata by the supplier, may order the consumer to pay the financial arbitrator's fees set out in the tariff referred to in the sixth subparagraph of article 56 A.
That put an end to the trial against the interlocutory judgment or make impossible its continuation, and final judgment will only appeal, which must be filed to the financial arbitrator for before the competent court of appeals within the period of five working days from the notification of the judgment that calls.
Lodged the appeal, the financial arbitrator will send background to the Court of appeal within a period of five working days for it to rule on its admissibility.
No provisions of articles 200, 202 and 211 of the code of Civil procedure shall apply to this resource and only proceed your view into account.
The appeal will not proceed in the proceedings referred to in this article.
If the resource pointed against the final judgement is not brought or this is rejected, that judgment must comply within the period of fifteen working days, counted from the expiration of the time limit for the appeal or the notification of the judgment rejecting it, as appropriate.
Article 56 F-the mediator and the financial arbitrator shall notify the proposed agreement or judgment, as appropriate, to the consumer, the supplier through their service to the national consumer service, within the period of three working days, and customer cash since its adoption.
Notice of the proposal of agreement the mediator and the judgment of the financial arbitrator, as appropriate, shall be made by electronic mail or by registered letter sent to the address indicated on the claim, at the choice of the consumer expressed in the document in which to formulate their dispute, complaint or claim. The notification means effected from the third working day following the sending of. The mediator or the financial arbitrator, as appropriate, should be recorded in the history of the claim from the date of dispatch of the notification, by copy of the email or the corresponding certificate in the event that is effected by registered letter.
Additionally, the mediator or the financial arbitrator, accordingly, emailed, to consumers who request it, all the background that are part of your claim.
Article 56 g.-customer services must notify administrators of the providers listed in this title and, in the case of suppliers constituted as corporations, to your directory, at least quarterly, an account on the claims received, the agreements signed by the parties carried out mediation and financial referees who have been notified them definitive judgments.
Article 56 H.-in the event that the supplier does not comply with the proposed agreement of a mediator duly accepted by parties, or with the final sentence of a financial arbitrator within the period prescribed in articles 56 D or 56 E, as appropriate, the national consumer service must denounce it before the competent judge so punish you with a fine of up to seven hundred and fifty monthly tax units. In addition, the service may revoke SERNAC seal given to the provider of financial products and services, without that can this request it again later than three months from the revocation. Denunciation of the national consumer service duty does not preclude the right of affected consumers to report any breach, by the provider, the proposed agreement or final judgment, as appropriate. "."
7 in article 58: 1) insert in the letter to), then the expression "consumer", the following text: ", especially on their rights and obligations in relation to financial services, guarantees and right to withdrawal, among other subjects".
(2) replace the final subsection, by the following sub-paragraphs: "providers will be required to provide to the national service of consumer background and documentation requested them in writing and they tell relationship with basic business information, defined in article 1 of this Act, goods and services that are offered to the public, within a period to be determined in the respective requirement" which may not be less than ten working days.
Providers will also be required to provide other documentation requested them to the national consumer service in writing and that is strictly indispensable to exercise the responsibilities that correspond to the referral service, within a period to be determined in the respective requirement, that it may not be less than ten working days. For these purposes the national consumer service will publish on its website a manual request, which must detail noted the background that you can obtain. The supplier required pursuant to this subsection may be brought administrative resources that passed you the law.
The requirement of documentation that is not exercised according to the preceding paragraph shall relate to information relevant to the consumer or that it would consider for their consumption decisions. The request for documentation may not include delivery of history that have more than one year old at the date of the respective requirement, or that the law qualifies as secrets, or constituting confidential information that refers to the strategy of business of the supplier, or which do not conform to the provisions of the manual referred to in the preceding paragraph.
The foregoing shall be without prejudice to the national service of the consumer exercises the right to require trial display or delivery of documents, according to the General and special provisions on precautionary measures and means of proof, applicable according to the procedure in question.
Refusal or undue delay in the remission of the records required under this article shall be punished by a fine of up to four hundred units tax monthly, by the judge of the local police.
For the determination of the fines will be considered, among others, the following circumstances: the economic benefits obtained occasion of the investigated violation, the seriousness of the conduct being investigated, recidivist offender and, for the purposes of reducing quality fine, the collaboration that it has rendered the service national consumer before or during the investigation. "."
8 Add the article 58 bis, the following second paragraph: "Also applied by supervisory organizations which have powers disciplinary with respect to sectors regulated by special laws, as referred to in article 2 bis of this law, shall send to the national consumer service copy of the resolutions that imposed sanctions.".
8 added in article 59, the following second paragraph: "in accordance with the provisions of article 31 of law No. 18.575, the revised, coordinated and streamlined text was set by the decree with force of law No. 1 of 2001, the Ministry General Secretariat of the Presidency, the National Director, subject to the plant and the maximum staff manning establish the internal organization and determine names and functions corresponding to each of the units of the service. "."
10 Add the following article 59 bis: "article 59 bis.-the Director of the national consumer service will determine, through resolution, positions, and jobs that will invest the character of Minister of faith. Only be granted this quality managers and professionals that meet requirements equivalent to those laid down for the management level of the service, and may not have a degree lower than 6° of the single salary scale.
In regions in which 6 ° or lower grade only corresponds to the regional director, you can invest as a Minister of faith to an official who stop a grade 8 ° or higher in their absence.
Officials of the national service of the consumer having character of faith Minister, can only certify the facts relating to the compliance with the rules contained in this law that specifically set out in the performance of their duties, provided that they consist in the Act which make the respective inspection.
The facts established by the Minister of faith shall constitute a legal presumption, in any of the procedures referred to in title IV of this law.
Where any officer with the character of Minister of faith leave evidence of facts that are found to be false or inaccurate, the affected can report the fact to the hierarchical superior of such official, which will initiate research that corresponds according to the administrative status and, if checked the described conduct, it shall be deemed that it contravenes the principle of administrative probity , for the purposes of their punishment in accordance with the law. "."
11 Add the following article 62: "article 62.-the Ministry of economy, development and Tourism shall issue one or more regulations to regulate the provisions of this law." For matters governed by special laws, the regulation will take, in addition, the signature of the Minister of the respective sector.
In the exercise of this right, it will dictate, at least, the following regulations: 1. information to consumer banking and non-banking credit cards.
2. about information consumer mortgage loans.
3. information to the consumer of consumer loans.
4. on the Organization and operation for the observation conditions of issuance, maintenance and revocation of the seal SERNAC by the national consumer service, including the necessary rules for the Organization and operation of the service to the customer and the dispute solution system.
Providers who need to modify adhesion contracts signed prior to the entry into force of the regulations referred to in this article, to adapt them to the provisions thereof, in matters that do not affect the essence of the rights acquired under the previous legal regime, shall, at its expense, send by any means physical or technological consumers an annex detailing the modifications , within a period not exceeding ninety days counted from the publication of these regulations, or modification, if any. "."