The Commission for the Defense of the Consumer and Regulatory Bodies of Public Serviceswhich is chaired by congressman José Luna Gálvez (PP), approved, by majority, the rule that standardizes the term of care for claims of financial products or services, and insurance for all consumers.
According to the prediction made in Bill 2103/2021, which modifies some articles of Law 29571, Consumer Protection and Defense Code, This period would be 15 non-extendable business days, as many banks and insurance companies consider established, according to the words of Luna Gálvez.
Regarding the regime of exceptional extension of the term of claims, the legislator specified that it would only be given if the company requires the participation of third parties, for which the Superintendence of Banking and Insurance (SBS) may grant “an extension term when the nature and complexity of the operations” justify it.
The legislative initiative states that providers will have 45 days to comply with the law.
In the debate, the parliamentarian Adriana Tudela Gutiérrez (AP) stated that it is positive to extend the deadlines when dealing with very complex cases; however, she considered that the adaptation period is somewhat reduced and requested that it be extended to 60 business days; initiative that was accepted by the presidency with a drafting charge.
Likewise, the legislative group approved, also by majority, the prediction made in Bill 079/2021, which proposes the law that modifies Law 29571, Consumer Protection and Defense Code, to strengthen the integrated user protection system. . The vote had this result: eight votes in favor, one vote against and one abstention.
Through this initiative, according to José Luna Gálvez, After almost 12 years of validity of the Consumer Protection and Defense Code, it is necessary to make modifications and additions which were agreed upon at a technical table made up of officials from the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi).
The rule proposes “to extend the statute of limitations in the case of return of excess payments, from two years to five years, in order to equate the legal term established in article 1264 of the Civil Code, which regulates what refers to the prescription of the action for undue payment and that indicates the action to recover the unduly paid”.