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Amendments To The Consumer Protection Act

Original Language Title: Grozījumi Patērētāju tiesību aizsardzības likumā

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The Saeima has adopted and the President promulgated the following laws: the amendments to the consumer protection law in consumer protection law (the Republic of Latvia Saeima 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; 2009, no. 13; Latvian journal, 2009, no. 194; 2010, 183, 206. no; 96. in 2011, no; 13. No, 193; 2014, 92, no. 189; 2015, 42 no). the following amendments: 1. Replace the fourth subparagraph of article 4, second sentence, the words "or is not provided by the consumer" with the words "but consent is acquired through". 2. in article 6: Supplement 3.3 part 2., after the word "where" with the words "seller or" and after the word "inform" — with the words "on it"; turn off the tenth. 3. Express article 1.2 part as follows: "(12) on the special permission (license) issued a consumer lending services, as well as the lending service provider oversight of operations the Corporation shall pay the State fee." 4. Replace article 12, third paragraph, the words "Web site" with the words "home page" on the internet. 5. Make the fourth part of article 17 paragraph 1 of the following: "1) contracts relating to day-to-day transactions are executed and their conclusion without delay;". 6. To supplement the law with article 19.1 the following: ' article 19.1. Information on the extrajudicial dispute resolution (1) a seller or service provider shall inform the consumer about one or more consumer protection Center home page on the internet published extrajudicial dispute resolver list dispute resolver, which dealt with disputes in this field, including the extrajudicial dispute Solver home page address. (2) the first paragraph of this article, the information the seller or the service provider must provide a clear, understandable and readily available to your homepage on the internet (if any) or includes contractual arrangements (if any). (3) If during the examination of the dispute, seller or service provider refuses to fulfill the consumer's claim that this article provide the consumer the information referred to in the first subparagraph in writing or on another durable medium. (4) this article shall not affect the other legal consumer information. " 7. Article 25: fourth paragraph to make paragraph 4 by the following: ' 4) to assist consumers in resolving disputes with vendors or service provider; "; Add to part with a 4.2 point as follows: "42) consumer dispute resolution Commission (Commission's secretariat functions);". 8. in article 26: put the name of the article as follows: "article 26. Consumer complaints and examination of the application and consumer advice "; turn off the fourth part; turn off the sixth; off the seventh; replace the eighth paragraph, first sentence, the words "asked for help in dispute with the manufacturer, seller or service provider solving or information or advice" with the words "requests for information or advice"; turn off the ninth. 9. To supplement the law with Their Course chapter, and VI2 by the following: "Their chapter. The consumer and the seller or service provider dispute resolution procedure 26.1 article. The dispute with the seller or service provider (1) any dispute arising between a consumer and a seller or service provider will be solved through negotiation, the parties to the dispute in an effort to reach an agreement. (2) If a dispute between a consumer and a seller or service provider cannot be resolved through negotiation, the consumer shall be submitted to the seller or supplier of the written submission indicating: 1) your first and last name, home address and contact information; 2) the date on which the application was lodged; 3) the nature of the dispute, and the reasons of its claims. (3) electronically submitted application does not require a signature.  
(4) the application shall be accompanied by evidence of the transaction, as well as other application supporting documents (if applicable). (5) the seller or the service provider within 15 working days from the date of receipt of the application, provide the consumer with a written answer to the application and inform you about the possible execution of the claim or dispute solution, if within that period there is no agreement on the consumer's claim or the claim of alternatives. (6) if the objective reasons that this article is referred to in the fifth subparagraph, the time limits are not able to give an answer to the consumer application, the seller or the service provider will immediately inform the consumer in writing, specifying a reasonable period within which a response will be provided, as well as to justify the need for such an extension. (7) if the seller or service provider feels that the consumer's claim is not justified, or is willing to offer the consumer another solution to the dispute, it shall inform the consumer in writing of this article within the time limit referred to in the fifth subparagraph. The seller or the service provider is obliged to justify the denial of the claim by the consumer. (8) if the customer is satisfied with the seller or the service provider's proposed solution, the dispute is considered resolved. (9) if the seller or the service provider does not respond to the customer's application of this article, the fifth or sixth period prescribed in part, considered that the seller or the service provider refuses to fulfill the consumer's claim. (10) if the seller or service provider refuses to fulfill the consumer's claim or the consumer does not meet the seller's or service provider's proposed solution, the consumer is entitled to: 1) consumer protection Center to get help in solving the dispute; 2) at consumer out-of-court Solver if the area in question is created; 3) consumer dispute resolution Commission if the consumer rights protection centre consumer assistance in resolving the dispute has provided results and in the field in question, it is possible to call any consumer dispute resolution Commission for the examination of disputes; 4) Court.
26.2 article. Consumer centres help in resolving the dispute

(1) application for the consumer received a dispute with a seller or a service provider, the consumer rights protection centre, depending on the circumstances referred to in the application, provide the consumer with assistance in solving the dispute, if necessary, through negotiations with the seller or the service provider. (2) the consumer centres of the consumer's application for the dispute with the seller or the service provider, if all the following conditions are met: 1) the consumer is first approached by complaint or application to the vendor or service provider and tried to resolve the dispute amicably; 2) application for a consumer dispute with the seller or the service provider is filed not later than one year from the date of the consumer's complaint or petition filed with the seller or service provider; 3) consumer submission added written material and other evidence which substantiates the existence of the dispute and the subject matter of the dispute.
VI2. Consumer dispute resolution Commission 26.3 article. Consumer dispute resolution Commission and its jurisdiction (1) the consumer dispute resolution Commission (hereinafter the Commission) is an independent collegial authority, on the basis of the consumer application, addressing disputes between a consumer and a seller or service provider. The Commission provides consumer protection Center. (2) the Commission is an extrajudicial dispute resolver in accordance with consumer out-of-court dispute resolver. (3) the President of the Commission and the members are independent and objective examination of the dispute and the decision making and not subject to the order or other effects. (4) the Commission, in addressing disputes, apply the procedure laid down in this law. (5) the Commission shall not consider the dispute, if: 1) the consumer is not turned to the vendor or service provider to resolve the dispute through negotiation; 2) dispute is insignificant or peddling; 3) or the appearance of disputes has examined other out-of-court or court, the Solver as well when the dispute is another extrajudicial dispute resolver; 4) dispute is about goods or services the price of which does not exceed 20 euros, or about goods or services the price of which exceeds 14 000 eur; 5) dispute would cause serious disruptions to the effective functioning of the Commission; 6) dispute is on health services; 7) dispute is for legal services; 8) dispute is about services related to residential use; 9) dispute is about loss, payment documents or for the recovery of the debt; 10) declared a seller or service provider is insolvent; 11) dispute is on motor insurance against civil liability in respect of the service; 12) since the date of the complaint or petition filed with the seller or the service provider, has passed more than a year.
26.4 article. The composition of the Commission (1) the Commission shall consist of the Chairman and members of the Commission. The members of the Commission are the law referred to in article 22, consumer protection associations and representatives of associations of traders and specialists in the area, which is about controversy, or have the appropriate experience in solving such disputes. (2) in the first subparagraph the following associations have the right to delegate a representative to participate in the Commission, having informed the consumer rights protection centre, which shall draw up and update the list of members of the Commission. (3) the consumer rights protection centre proposal a list of President of the Commission shall draw up and update the Economic Minister. (4) consumer protection Center employee can perform the duties of the members of the Commission, if it is included in the second part of that list, and if the area where the dispute is under consideration, it is not possible for the Commission to call on the consumer rights protection society representative.
Article 26.5. The President of the Commission and members of the candidates raised requirements (1) The President of the Commission can be a person: 1) which has the necessary knowledge and skills for consumer extrajudicial dispute resolution or resolution of disputes in court, as well as general knowledge of law and higher education in social sciences; 2) which manages the Latvian language; 3) which has a good reputation; 4) which is not penalized for intentional criminal offences or are rehabilitated or has been removed or deleted from the criminal record; 5) not this law referred to in article 22 of the consumer protection society or society of economic operators. (2) a member of the Commission may be a person: 1) which is the average vocational education or higher education and experience represented in the sector or in the field of consumer protection; 2) which manages the Latvian language; 3) which is not penalized for intentional criminal offences or are rehabilitated or has been removed or deleted from the criminal record.
16.5 article. Expenditure related to the handling of the dispute and the Commission (1) the Commission dispute the parties to the dispute are free of charge. (2) the President of the Commission shall receive no remuneration for participation in the Commission. Remuneration for the Chairman of the Commission's participation in the meeting of the Commission and the procedures for the payment of remuneration is determined by the Cabinet of Ministers. (3) For participation in the settlement of consumer disputes and consumer out-of-court dispute resolution mechanisms for the promotion of the use of this law, article 22 referred to consumer protection associations can be financed from the consumer rights protection Centre for this purpose in the year assigned to the national budget. The conditions for the granting of funding for participation in the settlement of consumer disputes and consumer out-of-court dispute resolution mechanisms as well as the promotion of the use of funding mechanisms for monitoring shall be determined by the Cabinet of Ministers. (4) costs relating to the activities of the Commission, is the consumer rights protection Centre's budget resources provided for this purpose.
His chapter. The dispute procedure for the settlement of consumer disputes the Commission article 16.6. The application for the examination of disputes

(1) an application for the review of the consumer disputes submitted to the consumer rights protection centre in writing. (2) the application for the examination of the dispute, the consumer shall contain the following information: 1) your first and last name, home address and contact information; 2) the vendor or service provider contact information (physical person: name, surname and address of the legal person; name, registration number and registered office); 3) the nature of the dispute, and the reasons of its claims; 4) information showing that measures have been taken to resolve the dispute by agreement with the seller or the service provider. (3) the consumer application shall be accompanied by documents supporting the claim, including the business identity document (cheque or other payment certificate) as well as a copy of the seller or supplier of the complaints or the application and a copy of the response received (if possible). (4) the electronic application does not require a signature. (5) if the application does not comply with the consumer in the second and third part or accompanied by all required documents, the consumer is informed of the deficiencies and set a time limit for correcting it. If the deadline is not corrected, the consumer shall inform, in writing, that the dispute will not be considered. (6) If the dispute is not within the competence of the Commission in accordance with article 16.3 of this law a fifth, the consumer is informed about it no later than three working days from the day of receipt of the consumer's application for the examination of disputes.
Article 16.7. Preparation for the examination of disputes (1) upon application for the examination of the dispute, a copy of the application within three working days, send to the seller or the service provider. (2) a seller or service provider within 15 days from the first paragraph of this article in the application of the date of receipt of the copy of the reply on the consumer the information referred to in the application and inform about a possible settlement of the dispute (if any) or a justification for the execution of the claim denial. (3) within three working days of the seller or service provider responses received a copy of the response sent to the consumer. (4) if the customer is satisfied with the seller or the service provider's proposed solution to the dispute, the dispute is considered resolved. (5) if the consumer does not meet the seller's or service provider's proposed solution to the dispute, or if the seller or the service provider is not provided within the time limit set by the response, the parties to the dispute are aware of the dispute to the Commission.
26.9 article. The Commission is inviting the consideration of a particular dispute (1) Specific dispute (including the same or a similar dispute) established by the Commission for consideration, which includes people from 16.4 of the Act referred to in the second paragraph of article list. (2) the Commission shall consist of a specific examination of the dispute, not less than three persons, one of which is the President of the Commission, and the same number of consumer protection associations and representatives of the society of economic operators. (3) the President of the Commission or the Member States shall be informed immediately of conditions that affect or may affect his independence or impartiality. (4) in the third subparagraph, in the case referred to in the relevant Commission Chairman or member is not included in the Commission's composition.
26.10 article. The period of the dispute (1) the Commission shall examine the dispute and adopt a decision not later than 90 days from the date of receipt of the decision, all the necessary documents. (2) complex, in the event of a dispute, the Commission may extend this period to one year, informing the parties of the dispute about the reasons for the extension and the expected time it will take to complete the review of the dispute.
26.11 article. The dispute (1) the Commission shall examine the dispute in their meeting without the presence of the parties to the dispute and decide on the dispute on the basis of the information communicated by the parties to the dispute (writing process). (2) if the dispute cannot be resolved without a hearing of the parties to the dispute or is possibly to examine it as efficiently and as swiftly as possible in the presence of the parties to the dispute, the Commission may decide to invite the parties to a dispute to your hearing (hearing process). On the meeting of the Commission, the parties to the dispute are informed no later than two weeks before. (3) both parties to the dispute have the same rights to get acquainted with the materials of the case, to make their views known and to defend their rights. (4) the Parties shall be entitled at its sole discretion and at its own expense during the dispute to attract specialists or use third party representation or assistance. (5) during the examination of the dispute, any party to the dispute may call upon expert opinion or propose to other activities being carried out aimed at obtaining evidence. If one of the parties to the dispute want to invite experts or to carry out other activities aimed at obtaining evidence, then that party shall bear the relevant expenses. (6) If a decision of the Commission to the parties to the dispute agree on a settlement of the dispute, the dispute shall be terminated by the Commission.
26.12 article. Commission decision of

(1) the Commission, after consideration of the dispute in their meeting shall decide by a simple majority. Member of the Commission, which participated in the consideration of the dispute, have the right to abstain from voting. (2) the Commission shall adopt the decision on the termination of the dispute, if the objective circumstances, it is not possible to resolve the dispute or in case proof is missing. (3) Commission decision specifies information about a consumer and a seller or a service provider, the nature of the dispute and the decision taken, the reasons for it and the legal provisions applied. (4) Commission decision within five working days after it has been taken forward to the parties to the dispute. (5) the decision of the Commission's recommendations, and it is final or appealable. (6) the Commission decision shall enter into force at the time of its notification. The decision shall be deemed to have been notified: 1) on the eighth day, the period from the date when it registered as a transfer document, where the decision is sent to the simple mail form; 2) seventh day of service at the post office, if sent by registered mail; 3) second working after it was sent, if sent by electronic mail. (7) the Commission decision to voluntarily enforceable, within 30 days from the date of its entry into force, except where the Commission decision provides longer it due. If the Commission's decision, the seller or the service provider charged with the enforcement of the consumer's claims need operations, inform the consumer. (8) consumer protection Center home page on the internet may be to insert the current information on the Commission's decision. By the seller or the service provider's request, insert the information on the site add news about the continuation of the dispute to the Court. " 10. off the third subparagraph of article 27. 11. transitional provisions: to replace in paragraph 23, the words "and 9 July 2015" with numbers and words "2016 January 1"; transitional provisions be supplemented by 25.1 points as follows: "article 8 of the Act 25.1 the new version 1.2 of part (on the State fee payable to get special permission (license) consumer lending services, as well as the lending activity of the service provider's supervision) shall enter into force on January 1, 2016." to supplement the transitional rules to the 27, 28, 29 and 30 of the following paragraph: "27. Article 25 of this law, the fourth part of the new paragraph 4 of the appendix to this part and with a 4.2 point Amendment 26 article, (article name for the expression of new versions, on the fourth, sixth, seventh and ninth part, turning the eighth part of the word "asked for help in dispute with the manufacturer, seller or service provider solving or information or advice" with the words "requests for information or advice"), as well as Their Course chapter, VI2 and shall enter into force on January 1, 2016. 28. The law referred to in article 26.3 consumer dispute resolution Commission consumer protection centre shall establish by 2016 1 March. 29. The Cabinet of Ministers until 2016 February 1, article 16.5 of this Act shall be issued in the second and third part in these provisions. 30. Article 27 of this law the exclusion of the third paragraph shall enter into force on January 1, 2016. " 12. Informative reference to directives of the European Union: point 4 off; Add to the informative reference with the following paragraph 13: "13) of the European Parliament and of the Council of 21 may 2013-2013/11/EU directive on consumer alternative dispute resolution and amending Regulation (EC) No 2006/2004 and directive 2009/22/EC. ' The law shall enter into force on 9 July 2015. The law in the Parliament adopted 18 June 2015. The President a. Smith in 2015 on July 2.