Indecopi processed more than 130,000 consumer conflicts nationwide during 2022

The National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) has processed 132,510 consumer conflicts, such as claims, complaints and consumer arbitration requests, nationwide during 2022. As a result, it imposed fines for 8,233 UIT (tax tax units), equivalent to S/40 million 753,350, thus sanctioning 1,064 suppliers in 39 economic activities.

This work was carried out hand in hand with 5,317 inspections, especially in cases of private schools, healthy eating (octagons), communications without consent and fictitious offers, achieving that 48% of companies that failed to comply with their obligations change their actions and avoid damage to society of S / 8.6 million.

While the preventive function was embodied in the training for nearly 450,000 consumers in the country; dissemination of 107 consumer alerts to protect the life and health of more than 350,000 citizens; registration of more than 111,000 reports and queries through the Special Monitoring Center (CEMI); surveys and, especially, nine investigations on cases of alleged affectation of collective and diffuse interests of consumers (interruption of the Interjet airline service, accident at the Jorge Chávez international airport, problem of improper collections in the financial system, among others).

Also, according to Indecopi’s balance sheet, issued 55 legal opinions on bills submitted by the Congress of the Republicamong these, the modification to the Consumer Protection and Defense Code that reduces the period of attention of claims by suppliers, from 30 to 15 business days.

Cases taken to the Judiciary

Meanwhile, the Supreme Court of the Judiciary agreed with Indecopi and recognized the right of passengers to endorse the unused ticket per section of a round trip flight (round trip) in favor of another consumer, also confirming the fine that the decision-making bodies of Indecopi imposed on the Avianca company for not allowing said endorsement.

In addition, this entity confirmed Indecopi’s decision in the case of the companies Gloria and Nestlé, which included the term “milk” in the name of their products “Bonlé familiar” and “Ideal Amanecer”, respectively, despite the fact that this did not reflect its true nature and therefore could cause confusion and mislead consumers.

Notably The Judiciary ratified 95% of Indecopi’s decisions, in the cases that the suppliers led to contentious-administrative processes.

In an unprecedented event, during 2022, Indecopi filed the first Civil claim of objective liability for diffuse interests in Peru against the oil company Repsol, for 4,500 million US dollars, due to the oil spill in Ventanilla that affected consumers, users and third parties. This defense action, which has been accepted for processing in the Judiciary, marked a milestone in the management of consumer protection and defense.