Amendments To The Consumer Protection Act

Original Language Title: Grozījumi Patērētāju tiesību aizsardzības likumā

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Read the untranslated law here: https://www.vestnesis.lv/ta/id/193012

The Saeima has adopted and the President promulgated the following laws: the amendments to the consumer protection law in consumer protection law (the Saeima of the Republic of Latvia and the Cabinet of Ministers rapporteur, 1999, no. 9; 2002, 1. No; 2003; 2004, nr. 11, no. 11; 2005, nr. 24; 2007, nr. 9, 12, 15; 2008. no) the following amendments: 1. in article 4.1: Supplement to the second part of the article as follows: "(2) this law, articles 5 and 6 of the rules applicable to the legal relationship that contract is established between the physical person and the manufacturer, seller or service provider under the agreement concluded with the consumer, including the enforcement of contractual obligations of the consumer with a pledge or guarantee if the establishment of such relations is not associated with an individual's economic or professional activities. "
believe the current text of article about the first part.
2. in article 6: to express the third subparagraph of paragraph 4 by the following: "4), on the consumer who fails to fulfil contractual obligations, a disproportionately large penalty or other compensation for non-fulfilment of contractual obligations;"
Add to article 10.1 part as follows: "(101) if the unfair rules of the contract the consumer losses, their legal rights and interests of consumers are entitled to turn to the courts."
3. To supplement the law with article 8.1 as follows: "article 8.1. Special provisions relating to repayment of credits secured by mortgage on immovable property (1) credit the employer is not entitled to request a consumer who has not made a significant breach of contract: 1) credit issued additional security, based on the fact that the supply of credit to the real estate value has fallen real estate market changes;
2) any costs on the mortgage collateral revaluation for the duration of the contract;
3) issued early repayment of the credit.
(2) if the consumer has not made a significant breach of the contract, the employer must credit to consider a proposal for a consumer credit repayment terms prolongation or exchange credit. In the event of refusal of an employer to provide consumer credit to motivate a response within 30 days.
(3) the second subparagraph of the agreement referred to in rule changes must not be less favourable to the consumer over the changes to be made in the contract at the time of the offering of existing market conditions. Consumer in the second part of the above changes shall be entitled to require not more than once a year. Credit management has no right to claim any compensation for any such changes, unless justified and reasonable service charge for administrative expenditure.
(4) essential breach of contract within the meaning of this article shall be considered: 1) credit repayment or interest payment delay of payment for more than 60 days, or more than three times a year, each time longer than 30 days;
2 do not use credits) credit agreement for the purpose. "
4. Supplement article 9 with the third and fourth subparagraph by the following: "(3) when concluding a contract outside the regular outlets, a person who contracts the seller or the service provider on behalf of or representing the seller or the service provider and its interests, on request by the consumer, the presentation of the following documents: 1) identity document;
2) certificate which is the photograph as the title, name of the (business), the seller's registration number in the register of companies or State revenue service taxpayer register and registered office;
3) authorization agreement (if such is required);
4) certificate for the seller or the service provider registration in the commercial register or a copy thereof or of the State revenue service taxpayer registration certificate or its copy.
(4) the manufacturer or seller, which distributes products through vending machines, vending machine indicates the manufacturer or vendor name (business name), registration number in the register of companies or State revenue service taxpayer register and registered. "
5. Express article 12 the fourth and fifth by the following: "(4) a consumer's written refusal to address the name of the person (company) name, surname and address the refusal form. If the consumer is not given to the written form, a written refusal a refusal to address the manufacturer, seller or service provider with whom the contract was signed. Send a withdrawal deadline, and terminate the contract in the effect of releasing the consumer from any contractual obligations, with the exception of costs relating to the goods or things return back to the manufacturer, seller or service provider.
(5) the consumer is obliged within seven days of dispatch of the written refusal to give back the product or use the manufacturer, seller or service provider (if the item, or the case is received). The manufacturer, seller or service provider is obliged within seven days after receipt of the supporting documents for the cost of the consumer to repay the amount of money, with interest, on which the product or thing, or service paid up to the time of termination. If the consumer exercises his right of renunciation and submit a claim under article 27 of this law and of the goods or things shall be returned at their own expense, the manufacturer, seller or service provider within seven days after receipt of the supporting documents for the costs to be compensated well for the consumer with goods or things-related costs. "
6. Express article 16 as follows: "article 16. Warranty the warranty is (1) the manufacturer or the seller's promise to pay back free of charge to the consumer for the goods or things, the amount of money paid to exchange the item or case against an appropriate product or thing, free of charge, to eliminate the goods or things or take other actions if the item or does not comply with the warranty or description in the advertisement.
(2) the guarantee shall be in writing and shall clearly indicate the conditions for applying for a claim for warranty, warranty period, the period to which the extended warranty as well as the name of the guarantor (the firm) or full name and address. Warranty indicates that consumers have certain rights in accordance with the laws and regulations and that the guarantee of these rights are not affected. If the warranty does not meet these conditions, this shall not affect the validity of the guarantee and the consumer is entitled to require a guarantee to be executed.
(3) the guarantee shall be binding on the guarantor under the guarantee conditions of the document and the information provided in the advertisement concerned. "
7. Article 18: express the title as follows: "article 18. Information about the producer ";
turn off third.
8. To supplement the law with the chapter IV1 by the following: "chapter IV1. Procedures organised by the trade and the provision of services article 21.2. Compliance with the principles of good commercial practice of organizing the sale of goods or the provision of the service, you must comply with the requirements of professional diligence and honesty in relation to the consumer.
Article 21.3. Information about the seller or the service provider or the standing commercial service must be given information about the seller or the service provider [name (trade name)] and working time.
21.4 article. Service and marketing site installation (1) the provision of the service and point of sale equipment and kept in such a way as to be able to identify the service provider or the seller and the goods belonging to it.
(2) If a trade territory, building or room with trade deals more salespeople, possessor of approved plan which specifies: 1) rental building, room, or location and point of sale number;
2) vendor name and number of the registration in the register of companies or State revenue service taxpayer registry.
Article 21.5. The Trade Organization agreed with local outlets, the Cabinet of Ministers issued the rules, which provides that the laws of trade with the local government, and is governed by the arrangements for the organisation of trade. "
9. Article 25: make the fourth paragraph (1) of the following: "1) market surveillance and the control of trade in non-food goods and provision of services, except in areas where, in accordance with the laws of the market monitoring and control is within the competence of other institutions;"
Add to fourth with 6.1 points by the following: ' 61) unfair commercial practices and the monitoring of advertising, except for medicine and veterinary medicine areas to ensure consumer rights and economic interests; "
replace the part in the figure "8" with "2.1 2.2";
Add to article 8.3, 8.4 and 8.5 of part of the following:

(83) the consumer rights protection centre, received a personal application for unfair contractual terms or other consumer protection law violations, assess whether there are infringements of consumer rights that is caused or could cause significant harm to the collective interests of consumers. If the information supplied in the application and accompanying materials, it does not seem that allow consumer rights violations that caused or could cause significant harm to the collective interests of consumers, the consumer rights protection centre is entitled not to open Administrative Affairs. In this case, the consumer rights protection centre shall prepare a person to answer.
(84) the examining party submissions on consumer rights violations affecting or likely to affect the collective interests of consumers, the consumer rights protection Centre carries out monitoring activities in order of priority, taking into account: 1) set out in the annual work plan monitoring priorities;
2) the authority of the financial resources allocated for maximum efficiency;
3) on the person concerned and the specific number of submissions received by the infringement;
4) or injury to the collective interests of consumers;
5) the nature of the infringement and duration;
6) particular market sector.
(85) the consumer rights protection Centre collects and analyzes data on complaints and applications received and used this information to future monitoring and control programmes. Consumer centres on current trends in complaints and to regularly inform the responsible for the area of the highest authority. ";
Add to article 10.1 part as follows: "(101) consumer protection Center decisions may be appealed to the Administrative Court of law."
10. To supplement the law with article 25.1 the following: ' article 15.6. Consumer centres of decision on interim measures (1) where consumer protection Center has reasonable grounds to believe that there is or can be avoided consumer breach, and it can cause immediate and serious harm to specific groups of consumers economic interests, it is entitled to adopt as interim measures one or more decisions: 1) obliges the manufacturer, seller or service provider has the obligation to immediately terminate the infringement;
2) prohibits the manufacturer, seller or service provider that may cause offence, if you have not already done so, but it is expected.
(2) the decision on the temporary injunction is in force from the moment of that notification until it with the consumer rights protection Centre's decision is cancelled or amended or entry into force of the consumer rights protection centre of the final decision.
(3) the consumer rights protection Centre's decision on interim measures can be appealed against to the administrative district court within 10 days from the date of its entry into force. Appeals against this decision shall not suspend its activity.
(4) the application of the consumer rights protection Centre's decision on interim measures, the Court examined the written procedure within 14 days.
(5) the decision of the Court on the fourth paragraph of this article, that decision is not appealable and shall enter into force by the time of its adoption. "
11. To supplement article 26 with the third subparagraph by the following: "(3) if the consumer centres or other authority which has competence in the area of market monitoring, examining the person received a complaint about the violation of individual rights, have reasonable doubts as to the fact that the complainant is not a consumer within the meaning of this law, because the situation worked in his business or professional activities, the institution concerned is entitled to request He specified period to provide the necessary information (in the registry of credit information about the complainant's obligations, information about transactions URu.tml.), stating that the situation he acted as a consumer. If the complainant does not submit the requested information, the authority shall have the right to terminate the inquiry. "
12. transitional provisions be supplemented with 14, 15 and 16 of the following paragraph: "14 to 2009 July 1, is in force in the Cabinet of 31 august 1999 rules No. 312" wholesale and retail "arrangements for the organisation, issued pursuant to the Parliament of 15 July 1993, the Cabinet of Ministers adopted in law 14 of the equipment the first paragraph of article 3.
15. Article 25 of this law, and part of the 8.3 8.4 8.5 shall enter into force on July 1, 2009 and these rules apply when examining complaints received after 30 June 2009.
16. Article 25 of this law 10.1 part shall enter into force on July 1, 2009. Consumer centres of the decisions until 30 June 2009 for submitting an application is challenged, the Ministry of Economic Affairs, raised in accordance with the laws and regulations that are in force on the day on which the consumer centres adopted the relevant decision ".
The Parliament adopted the law of 21 May 2009.
President Valdis Zatlers in Riga 2009 g. on 9 June, the Editorial Note: the law shall enter into force with 23 June 2009.