They present a project to prohibit negative reporting in risk centers for fraudulent debts

Congresswoman Katy Ugarte has presented Bill (PL) 6325/2023-CR, which aims to prohibit users of the financial system from being reported to private risk centers — Equifax – Infocorp and Experian – Sentinel — and to the Superintendence. of Banking, Insurance and AFP cWhen it comes to debts that are not recognized, fraudulent or recorded without consent. In addition, the measure indicates that people should not be reported when they are in the claim process, but only after concluding and demonstrating that the user was responsible.

Thus, the PL stipulates restricting banks, savings banks, financial institutions, among other financial entities, from reporting late payments by their clients while they are in the complaint procedure. This restriction will be applicable until the case is resolved, the administrative route is exhausted and whether or not the person’s responsibility is resolved.

In this sense, the modification of paragraph 42.4 of article 42 of the Consumer Protection and Defense Code is proposed as follows:

“42.7 The creditor is prohibited from reporting to the risk centers as a delinquent debtor the consumer who files a claim for an unrecognized debt, arising from fraudulent operations or carried out without his or her consent. This prohibition will be maintained until, having exhausted the administrative route, the consumer’s responsibility is proven.“.

Among the reasons for the project, the document justifies that in the current context there is an increase in the use of credit cards, as well as an increase in complaints for unrecognized operations, where citizens They have been victims of improper use of their credit lines to carry out transactions, generating debts for the holders. In this way, the purpose is to prevent damage to your credit history and provide protection to the citizen of the financial system to prevent being unfairly reported as a delinquent debtor.

They present PL to suspend publications of users reported for unrecognized operations

It is important to note that Katy Ugarte has also presented the bill 6317/2023-CRwhat’s wrong with it in order to preventively suspend the publication of those people reported as defaulters in the private risk centers and in the SBS when the debt comes from a unrecognized operation. Likewise, it is established that negative ratings must be eliminated during the claim process, until it is proven whether or not there is responsibility in order to protect the person’s financial image, their emotional health and not harm their life plan.

Thus, it is stipulated to modify article 42 of the Consumer Protection and Defense Code, approved with Law No. 29571 and place the following text:

“42.4 The information that has caused an erroneous entry must be removed immediately, under the responsibility and expense of the risk center itself. The risk center must preventively suspend the publication of the information of the debtor reported as delinquent, when it has become aware that there is a claim process for unrecognized debt in process, until, having exhausted the administrative route, responsibility has been demonstrated. from the user”